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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
When the Defendant, while mediating a loan at a loan brokerage company in Gangnam-gu Seoul Metropolitan Government D, received 3% of the loan amount from the Defendant during the term of the loan contract arranged by the Defendant, the Defendant had the intention or ability to mediate the loan at a low interest rate, and had the intention to instigate the loan at low interest rate as if he acted in good offices for the loan brokerage.
On January 1, 2014, the Defendant arranged a loan to the victim E at the office of the said D Company (hereinafter “D Company”) and concluded a loan contract with the guarantor at an interest rate of 39% even after the lapse of the month, and maintained the duration of the obligation of the guarantor until the repayment of the loan is completed. However, the Defendant made a false statement to the effect that “if the Defendant concludes a loan contract with the guarantor, it shall be converted to a lower interest rate of less than 10% for the first month, and the liability of the guarantor shall also be extinguished.”
Around January 13, 2014, the Defendant: (a) by deceiving the victim as above; (b) ordered the victim to receive the loan on the condition of January 12, 2019; (c) the Defendant: (a) around February 13, 2014, the Defendant: (a) had the lending company receive additional interest of KRW 8,7,000,000 on the principal amount from the future loan of the company; (b) X- Capital loan of the company; (c) Mari Capital loan; (d) Hari Capital loan of the company; (d) infant Gari Loan of the company; (e) ELP loan of the company; and (e) 37,700,000 won per annum; and (e) had the lending company receive the loan on the condition of January 13, 2014, from the maturity of the principal amount to November 12, 2014.
Summary of Evidence
1. Each legal statement of witness E and F;
1. Part F of the interrogation protocol of the accused among the second interrogation protocol of the prosecution, and part E of each interrogation protocol of the accused among the prosecutor's office No. 3 and No. 4.
1. Statement to E by the police;
1. A complaint;
1. Investigative Report (Attachment to Data - Submission of Appellants), Investigative Report (Hearing of Appellants’ Statements);