Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.

Punishment of the crime

The Defendants were willing to receive money as a loan fee by making use of the situation where a large amount of funds is needed to repay the secured debt of the building in which the victim H, who operates the asset management company, is in the exercise of the right of retention and to arrange a loan to the savings bank.

Defendant

B around February 2013, in the office located in the 12th floor of the Gangnam-gu Seoul Special Metropolitan City I building, the victim inducedd the victim as “Defendant A, a bond manager, borrowed KRW 5 billion as collateral for mortgage bonds, who is the victim company, borrowed KRW 5 billion.”

On March 1, 2013, at the L coffee shop located in Gangnam-gu Seoul Special Metropolitan City I building first floor, the Defendants stated that “The Defendant A would have borrowed KRW 5 billion to the victim. The Defendant prepared documents. The commission and the down payment would be prepared. The first 5 billion loan fee is KRW 10 billion, which is KRW 50 million.”

However, the defendants did not have the intent or ability to lend or arrange the loan to the victim.

around March 14, 2013, the Defendants received KRW 2 million from the victim to the new bank account in the name of Defendant A M as the loan contract deposit, and received KRW 50 million from the same account around March 21, 2013 as the loan fee.

As a result, the Defendants conspired to attract the victim to receive the goods.

Summary of Evidence

1. The defendant A's partial statement in the fourth trial record;

1. Entry of Defendant B’s partial statements in each protocol of the second and third trial;

1. Legal statement of the witness H;

1. Some of the interrogation protocol of Defendant B by the prosecution (including H’s statement)

1. The police statement of H;

1. A copy of a performance note, a written confirmation of details of transactions, and a statement of liquidity transactions;