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

except that 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, from July 2003 to December 2018, 2018, operated the “D” of a loan company in the head of Si/Gu B building C, and operated a loan to the borrower by arranging the lender and the borrower and providing the borrower with interest on the loan to the lender.

1. From June 2013 to April 2015, the defrauded made a false call to the victim E from the influencing area (hereinafter referred to as 40,000 won) around Jun. 17, 2013, the Defendant made a false statement to the effect that “If he/she loans KRW 40,000 to the victim E, he/she shall lend it to the owner of the F in Busan Metropolitan City F, and the victim shall establish a right to collateral security on the said land and shall pay the victim KRW 20,000 per 10,000 won per interest.”

However, the defendant, while suffering from the financial difficulties at the time, was thought to use the money borrowed from the victim to repay personal debt, not the loan funds to the owner of the above land, and there was no intention to establish a right to collateral security for the above land.

As above, the Defendant, by deceiving the victim, received from the victim a transfer of KRW 39.2 million to the G Union account (Account Number: H) in the name of the Defendant on the same day, and from April 17, 2015 to April 17, 2015, received a total of KRW 128.87 million in total on four occasions, as described in the annexed List of Crimes.

According to the evidence duly adopted and examined by this court, the defendant is recognized as having always given the victim a certificate of the right to registration in the name of the victim in a transaction before the crime was committed, and that the victim did not respond to the request of the victim after the crime was committed.

In full view of the facts and the judgment above, the victim's risk of aggravation of self-reliance between the victim's right to collateral security and the acquisition of the right to collateral security in the name of the defendant with respect to the claim lent through the defendant.