사기등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in the business of arranging loan brokerage and accompanying the name of adviser of the Bank of Korea.
1. A person who intends to engage in credit business or loan brokerage business in violation of the Registration of Credit Business, etc. and Protection of Financial Users Act shall register with the competent administrative agency, and shall not collect from the loan broker, loan solicitor, unregistered loan broker, or unregistered loan broker, a fee in connection with loan brokerage (hereinafter referred to as "mediation commission") regardless of its name, such as commission, honorarium, or advance payment;
Nevertheless, around April 4, 2017, the Defendant: (a) at D offices located in Jung-gu Seoul Metropolitan Government, without registering loan brokerage business to the competent authorities; and (b) sought to obtain a loan of KRW 30 billion to be used for land purchase funds, etc. in order to resume E development projects; (c) stated, “The Defendant would make a loan of KRW 30 million to secure the payment for loan implementation and the performance of the loan; and (d) borrowed KRW 30 billion in advance for loan service, and KRW 30 billion.” (e.g., the Defendant received KRW 10 million in advance for loan service, etc.) from the victim.
Accordingly, the defendant does not register with the competent administrative agency, and is engaged in loan brokerage business, and received brokerage commission from the other party who receives loan in connection with loan brokerage.
2. The Defendant made a false statement to the victim F, who was found to have been on the same date, at the same place as stated in Paragraph 1, and for the foregoing reasons, to the effect that “The Defendant would make a loan of KRW 30 million to KRW 30 million in the initial fund necessary for the resumption of E development projects, on the face of the loan service advance payment and the advance payment and the advance payment for the extension of the loan to secure the performance of the loan. If the loan is not executed within the Company, the Defendant would return the said money with the exception of the minimum cost of KRW 1 million.”
However, the defendant is worth KRW 30 million from the victim.