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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[2014 Highest 2724] The Defendant: (a) was a person operating a credit lending brokerage business that lends money to another person; (b) was liable for a debt of KRW 200 million at the time; and (c) was using a certain amount of income as a repayment fund for the substitute loan; and (d) was willing to use money to lend money to another person.
1. On July 2013, the Defendant made a false statement to the victim C (the age of 31) that “A person will pay interest of 0.2% per day and within one month by lending KRW 95 million to the customer loan repayment fund.”
However, there was no intention or ability to repay the money even if the money was borrowed.
Nevertheless, on August 1, 2013, the Defendant received from the victim the deposit of KRW 95 million in the new bank account (D) in the name of the Defendant, as the loan borrowed around August 1, 2013.
2. On October 2013, 2013, the Defendant made a false statement that “If a person who is engaged in Posco lends money to the victim, 15 million won per day, 0.2% interest shall be paid and within one month shall be paid.”
However, there was no intention or ability to repay the money even if the money was borrowed.
Nevertheless, the Defendant received 150 million won from the victim as the loan money on the 31st day of the same month from the victim as the above new bank account.
3. On November 2013, 2013, the Defendant concluded that “If the Defendant lent KRW 80,000,000,000,000,000,000,000,000,000,000,000,000 won per day to be lent to reliable public officials, the Defendant would be paid together with KRW 15,50,000,00,00,000,00,000
However, there was no intention or ability to repay the money even if the money was borrowed.
Nevertheless, the Defendant received KRW 80,000,000 from the victim as the loan money on or before the 29th day of the same month as the above new bank account.
In this way.