사기등
A defendant shall be punished by imprisonment for two years.
The defendant shall pay 30,00,000 won to the applicant for compensation. This order shall be issued.
Punishment of the crime
The defendant is a bond company.
On October 23, 2012, the Defendant: (a) received a request from H to “A Co., Ltd. (hereinafter “I”) to lend a down payment of KRW 2 billion from the director working for the victim D Co., Ltd. (hereinafter “D”) at the G coffee shop near the FF distance located in Gangnam-gu Seoul; and (b) drafted a written agreement on lending and borrowing of money with H to the Defendant.
The contents are as follows:
(1) The defendant shall lend two billion won to D.
(2) The period shall be three months from the date of fund execution ( October 2012).
(3) The first month of interest shall be 10% for the first month and 5% for the following two months, respectively, and shall be paid in advance.
(4) Security shall consist of 250,000 shares of I.
According to the above monetary consumption lending and lending agreement, in order for the Defendant to receive interest for the first one month of the first month, the Defendant intended to first lend KRW 2 billion to the victim D. However, the Defendant did not lend KRW 2 billion, at the same time, requested H to prepare the said monetary consumption lending agreement, and requested H to grant KRW 200 million equivalent to 10% interest for the first one month of the first month, and did not lend KRW 2 billion in the future.
In addition, on October 24, 2012, the following day, the Defendant demanded H to provide additional security in addition to only 250 million shares of I, and took an attitude that if D’s operator receives KRW 150 million from J as cash security and fails to lend KRW 2 billion in the future, the Defendant would return it as it is.
As such, if the defendant received two times from H and J, a total of KRW 3,50,00,00 from H and J received prior interest and cash security for KRW 2,00,000 which the defendant actually lent to the victim D, the defendant would return it to H and J as a matter of course, if the defendant is unable to pay KRW 2 billion to the victim D.
However, in fact, the defendant is 300 million won from H and J.