A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of ten months.

Of the facts charged in the instant case.

[2014 Highest 1010] Defendant A is a person who has operated credit business under the trade name, and I is the owner of all the houses under construction on the ground of Gyeonggi-gu J.

Defendant

A has arranged the victim K to lend money to I as security for the above house, and received a loan fee from I with the money lent by the victim to I, and the loan company of this case was willing to collect the existing loan claim that the loan company of this case lent to I.

Defendant

A stated, on March 28, 2007, on the part of the victim in the Yeongdeungpo-gu L apartment complex, J of Gyeonggi-gu, Seoul, that “The owner of the building has almost completed the completion of the construction. The owner of the building will lend 50 million won to the owner of the building because the construction cost falls short of the construction cost. He would receive interest of 50,000 won per month, and at the same time, he would create the first priority collateral security right with the amount of KRW 75,00,000,000 for the above building.”

However, in fact, the owner I was in the state of suspending construction from December 2005 due to the shortage of funds, and the land which is the site of the above building was auctioned by the creditors of the above I. The constructor M of the above building claimed a claim of KRW 1 billion due to the failure to receive construction payment from the above I, and was in the exercise of the right of retention on the above building. Therefore, even if the victim borrowed money from the victim, the above I did not have the ability to repay the money, and even if the victim created the first priority collateral on the above building, there was no value of collateral security.

Defendant

A, even though being aware of the above facts, did not notify the victim who did not know thereof, and mediated the loan of security to the above I.

Defendant

A, as above, deceiving the victim and its equipment jointly operated the lending company of this case on March 29, 2007, upon deposit of KRW 39 million with the NB Bank account (O) in the name of Defendant A who is a punishment of the lending company of this case.