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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From March 2015 to March 2016, the Defendant served as a business employee at the “E” company in the fourth floor of the building in Dobong-gu Seoul Metropolitan Government D, Dobong-gu.
On February 2, 2016, the victim F was making a loan of KRW 4.3 million at an annual interest rate of KRW 17.9% from the KB Capital, on June 17, 2015, a loan of KRW 6 million at an annual interest rate of KRW 29.9% from the Hyacom Savings Bank on June 17, 2015, and on October 2, 2015, a loan of KRW 10 million was received from the same bank at an annual interest rate of KRW 29.9% from the same bank on October 2, 2015.
On February 2, 2016, the Defendant called the victim at the “E” office to get the loan from the Defendant at the interest rate of 10-15% per annum from the lending company, such as mountain and scar, etc.
However, the first month stated that the interest rate of 34% per annum can be maintained, and that the joint guarantor should be appointed, but the rate shall be converted after a month and the joint guarantor shall also be deleted.
However, in fact, the defendant had no intention or ability to allow the victim to obtain a repayment loan at the interest rate of 10 to 15% per annum, and to delete joint and several guarantors.
Around February 5, 2016, the Defendant: (a) by deceiving the victim; (b) had the victim borrow KRW 10 million at an annual interest rate of KRW 34.894 per annum from 34.8% from the credit business chain that the Defendant mediated (ju); (c) had the victim borrow KRW 6 million at an annual interest rate of KRW 34.8% from the loan around February 23, 2016; and (d) had the Defendant obtain KRW 300,000 at an annual interest rate of KRW 34.8% from the loan; and (e) around February 24, 2016, at an annual interest rate of KRW 40,000 from 34.4% from each of the above loans; and (e) had the Defendant gain KRW 604,000 from 34.4 to 444% from each of the above loans.
Summary of Evidence
1. Partial statement of the defendant;
1. Each statement of witness F and H;
1. Details of trading ledger;
1. Hearing the appellant’s statement; and