A defendant shall be punished by imprisonment for three years.

Punishment of the crime

On February 18, 2014, the Defendant made a false statement to the victim E, who is the seat of the Defendant at a restaurant located in the Haak-dong, Gyeonggi-gu, Gyeonggi-do, that “When the Defendant lends funds to the business of arranging loans and receiving fees from the bad credit holders in Korea, the Defendant would pay 3% interest per month within one year.”

However, in fact, the Defendant, while working as a bank loan counselor, arranged a loan to the customers who fail to meet the requirements for the loan in lieu of paying the insufficient amount of money, and the bond company was to pay more than KRW 1 billion to the bond company upon the end of November, 2013. Even if he/she borrowed money from the victim, he/she did not have any intent or ability to pay the loan because he/she was able to use it for the repayment of the existing debt.

As such, the Defendant, by deceiving the victim as such, was transferred from the victim to the bank account in the name of the Defendant, KRW 50 million on February 24, 2014, KRW 250 million on March 13, 2014, KRW 250 million on March 13, 2014, KRW 320 million on March 29, 2014, and KRW 320 million on March 29, 2014.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Examination protocol of the accused by prosecution;

1. Statement by the police about E (including the part of the statement written in D);

1. An inquiry into the certificate of borrowing, certificate of personal seal impression, power of attorney, statements of transactions and transactions;

1. Investigation report (a statement of a reference witness on the grounds that he/she has set up a collateral mortgage to the complainant), investigation report (as to the present and present prices of apartment houses owned by a reference witness and whether such apartment houses are set up), and investigation report (as to the date of criminal investigation);

1. Application of the Acts and subordinate statutes to the complaint;

1. 범죄사실에 대한 해당법조 형법 제347조 제1항(징역형 선택) 양형이유 [유형의 결정] 사기범죄, 일반사기, 제2유형(1억 원 이상, 5억 원 미만) [특별양형인자] 없음 [권고형의 범위] 징역 1년 ∽ 징역 4년(기본영역) [선고형의 결정] 아래와 같은 정상들 및 피고인의 연령, 성행,...