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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On November 19, 2015, the Defendant called the victim B at an irregular place, and made a false statement that “The Defendant would pay interest for a short-term customer for a period of three years to him/her, and that he/she would pay the loan and interest directly to the lending company with the existing loan if he/she received the loan by raising the performance of the savings bank.”
However, as the defendant is unable to obtain a loan directly due to the lack of credit rating, the defendant had the victim obtain a loan in order to repay the existing debt of KRW 15 million, while the defendant did not have the intent or ability to repay the loan with the economic capacity of the defendant, such as there is no property owned by the defendant.
Around December 23, 2015, the Defendant, by deceiving the victim as above, got the victim to borrow KRW 13,700,000,000,000 from Tae River Loan Co., Ltd., and KRW 7,000,000 from JyC Credit Co., Ltd. on the same day, KRW 2,70,000 from Hyundai Savings Bank on the same day, and KRW 13,77,00,000,00,000,000,000,000,000,000,000,000, from the victim around December 28, 2015, acquired the victim by receiving KRW 13,77,00 from the Defendant’s bank account in the name of the Defendant.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police with respect to B (one time, two times);
1. Application of Acts and subordinate statutes to contract deeds and process deeds;
1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;