Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.

However, from the date this judgment became final and conclusive, Defendant.

Punishment of the crime

The facts charged shall be corrected and stated to the extent that it does not harm the identity of the facts charged and the defense right of the defendants.

[criminal history] On February 3, 2017, Defendant A was sentenced to a suspended sentence of two years for the purpose of occupational breach of trust in the Busan District Court’s Branch Branch on February 3, 2017. The judgment became final and conclusive on December 8, 2017.

[2017 Highest A's 292 Defendant 2] The Defendant is Seoul F and 602’s employee of the G lending company with an office in Seoul F and 602.

On July 28, 2016, the Defendant agreed to invite investors to make an investment in the new factory construction project that the victim would run in Y in astronomical City I to lend KRW 500,000 to the victim and the victim would give the amount of KRW 10,000 to the defendant in return.

At that time, J, one of the three investors investors of the defendant company, was guilty of KRW 3.5 billion on July 5, 2016, and the remaining two persons were unable to make an investment in the defendant's company because they did not recover money invested in other locations. In such a situation, the defendant did not know about a new investor who would make a loan to the victim and did not have any specific loan plan. Therefore, even if the defendant received money from the victim under the pretext of a loan mediation, he did not have any intent or ability to arrange the loan to the victim, even if he did not receive money from the victim under the pretext of a loan mediation.

Nevertheless, the Defendant, on July 28, 2016, received KRW 10 million from the victim to the new bank account (K) with the name of the Defendant on July 28, 2016, by deceiving the victim as if the Defendant could lend KRW 50 million to the victim via the investor on the face of KRW 10 million.

[The defendant and defense counsel did not have any criminal intent to obtain fraud from the defendant

The argument is asserted.

The Defendant had the intent and ability to make a loan to the victim of this case. The reason why the loan was not made to the victim is that the victim was changed (500 million won).