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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[2012 Highest 1615] On June 29, 2011, the Defendant stated, “Around June 29, 2011, the Defendant would attract an investment of KRW 16.5 billion until July 25, 201, to the victim J, which was in need of funds for the sale of the said commercial buildings and officetels, by carrying out the construction project at the main G office of the loan brokerage company (ju) located in the area of the Incheon H H Housing Site, and by carrying out the construction project, which is a neighboring store and officetel in the area of the Incheon H Housing Site.”
However, even if the Defendant received the investment agreement money from the victim, he was expected to use it by repaying the personal loan money, and there was no intention or ability to attract the investment money in the above size.
As above, the Defendant, by deceiving the victim as above, received 100 million won cashier's checks from the victim under the name of the investment agreement money, and fraudulently acquired them.
[2012 Highest 3001] The Defendant registered a credit business on March 21, 2007, but revoked on March 22, 2010, and registered a loan brokerage business on May 20, 2009, and operated K on December 13, 2010.
1. No credit service provider or credit service provider may receive any consideration for brokerage from the opposite contractual party;
However, around June 2008, the Defendant received KRW 52,850,000,00 in total nine times in consideration of brokerage, as indicated in the attached list of crimes, as follows: (a) around 2008, the Defendant: (b) as a broker for lending KRW 200,000 to the loaner (creditor) M to the borrower (debtor) N; and (c) received KRW 10,000,000 from N in consideration of brokerage.
2. On December 14, 2011, the Defendant acting as a broker for a lender (creditor) of Seocho-gu Seoul Metropolitan Government F Building 1201 to lend KRW 100 million to a borrower (debtor) P, and without obtaining registration from the competent authority from December 14, 2010 to May 4, 2012, including providing loan brokerage services after receiving five million won from P in return for brokerage.