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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
around June 19, 2012, the Defendant: (a) at a restaurant located in Busan on or around June 19, 2012, the Defendant was working for the victim B as an employee of the lending company; and (b) “When the credit rating of the land-based borrowers is lower, the Plaintiff would have been repaid on behalf of the land-based borrowers, and the land-based borrowers would have obtained a loan by taking a high rate of loan, and would have received a high rate of loan, and would have received a repayment with a high rate of fee. When lending money, the Defendant would have borrowed money with the highest legal interest rate of KRW 30 million (36% per annum at that time).”
However, the defendant received money from the defendant to pay the existing debt or to use it for other purposes, such as the payment of credit card bills, and there was no intention or ability to pay the money as agreed.
The Defendant deceptioned the victim at the end above, and received 30 million won from the victim to his bank account on the same day as the loan money, and acquired 2,709,509,000 won from the victim through a false loan request in the name, such as the above name or cost of establishing the urban gas inspection company from June 19, 2012 to July 10, 2017, as shown in the attached Table 1, through a false loan request from the victim from June 19, 2012 to July 10, 2017.
From October 2016, the Defendant borrowed money to B, etc. from around 2012 to use it as stock investment, living expenses, etc. However, as the cumulative debts of B reach KRW 300 million due to the lack of money to be used for debt repayment, additional stock investment, living expenses, etc., the Defendant used it for the certificate of balance of the construction company or the deposit for incorporation, etc., and used it to raise money to cover the victim D by deceiving the victim D.
The Defendant, at around October 28, 2016, lent money to the victim as required for the balance certificate of a construction company via E to the victim, at a window lower than KRW 30 million.