A defendant shall be punished by imprisonment for not less than five months.

Punishment of the crime

On October 12, 2014, the Defendant made a false statement to the victim B that “A bond of KRW 40,000,000,000 is being used as security,” and that “A bond of KRW 40,000 is high. In order to obtain a loan from a financial institution, the Defendant would receive a bond by December 2, 201 of the same year from the perspective of joint and several guarantee.”

However, in fact, the Defendant did not have the right to refund the deposit amount of KRW 40 million, and there was a debt of KRW 200 million, and even if he received benefits due to excessive debts, the Defendant did not have any intent or ability to repay the loan because of economic difficulties, such as not paying the principal and interest in the cost of living, and even if he did not pay the interest, he did not have any intent or ability to do so.

As such, the Defendant, by deceiving the victim as such, had the victim take advantage of the victim’s financial benefits equivalent to KRW 24 million by having the victim take advantage of his/her debt of each lending company with the amount of KRW 8 million on October 15, 2014, KRW 8 million on October 24, 2014, and KRW 8 million on October 27, 201 of the same year. The Defendant acquired financial benefits equivalent to KRW 24 million by having the victim take advantage of his/her guaranteed obligation due to the failure to pay the said debt.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Three copies of the guarantee contract, and three copies of the certificate of full payment; and

1. A criminal investigation report ( impossible to contact a suspect), and references to insured persons;

1. Application of Acts and subordinate statutes to criminal records investigation reports;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months.

3. On October 27, 2014, the Defendant: (a) by deceiving the victim on October 27, 2014; (b) intentionally saving contact with the victim so that he/she can immediately lock up his/her property benefits and have the victim damaged for more than five years.