A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On January 9, 2019, the Defendant was sentenced to imprisonment with prison labor for six months and one year of suspended execution for violating the Electronic Financial Transactions Act at the Gwangju District Court, and the judgment was finalized on January 17, 2019.

Since around September 17, 2015, the Defendant borrowed KRW 100 million from several loan companies from around 2013, and experienced difficulties in repayment of the loan, the Defendant requested that friendly job offering victim B obtain a loan under the name of the family member because it is urgently needed to pay money with the business fund of the family member, and the Defendant also used most of the loans by borrowing KRW 39,98,500 in total from five places of the lending company as joint and several sureties of the victim and using it in repayment of the existing loan.

When it is difficult for the Defendant to repay the increased interest while repaying the loan in a way that prevents the repayment of the loan, the Defendant made a false call to the victim E by the D company working for the Defendant in the North-gu Seoul metropolitan area around May 9, 2016, and concluded that “The amount of loans previously borrowed is difficult to repay. It is difficult for the Defendant to repay the loan in the name of the victim E. It is necessary to receive the loan in the name of four. Moreover, it is necessary to additionally pay the loan in the name of friendly, and it is necessary to obtain the loan in the name of friendly, employment within three months and transfer the debt in the name of four.”

However, in fact, the Defendant did not need business funds of bad-friendly business, and it was thought that the Defendant would receive money from the victim under the name of the victim as it was difficult to repay the loan equivalent to KRW 3 million monthly, and thus, there was no ability to repay even if he borrowed money from the victim.

The Defendant, by deceiving the victim, had the victim borrow KRW 80,00,00 in the name of the victim around May 4, 2016, and had the victim repay the debt of KRW 40,191,968 on behalf of the Defendant around May 9, 2016, and received KRW 38,670,819 from the victim to the F bank account in the name of the Defendant around May 10, 2016.

Accordingly, the defendant deceivings the victim to total of 78,862,787 won.