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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
The Defendant was working as a contractual worker for counseling service who received benefits according to the number of loans without fixed benefits in fresh Co., Ltd. for the purpose of the entrusted loan recruitment business in 702-19 East-dong Seoul, Gangnam-gu 702-19 East-gu.
From 2009, the Defendant was receiving benefits from the Defendant’s lending of the existing debt to the customers who did not receive a loan from a bank due to the low credit rating due to the existing debt among the lending clients. The Defendant borrowed money from another place and took off the credit rating of the said customers, and received the Defendant’s lending performance in the name of the said clients by receiving a loan from the said SC Japan Bank (hereinafter “SC Bank”).
However, the above SC Bank was unable to implement loans to customers by strengthening the new loan review from around 2012, thereby making it impossible to achieve the performance of the loans as in the previous way. Since the above SC Bank borrowed money in an excessive amount of KRW 700 million from many creditors at the time, it did not have any intent or ability to repay the loan even if it borrowed money from the victim.
Nevertheless, around October 19, 2013, the Defendant made a false statement to the employee of the victim Aju Capital Co., Ltd. who borrowed KRW 13,800,000 in the Seo-gu, Seo-gu, Seoul Special Metropolitan City on October 19, 2013, stating that “If the Defendant borrowed KRW 13,80,000, the Defendant would repay the principal and interest at the rate of 20.9% per annum for 36 months.”
As above, the Defendant deceivings the employees of the victim’s lending counseling service, and took over KRW 13,80,000 from the victim and acquired it by defrauded.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to a complaint, receipt details, telephone statement, loan approval file, power of attorney, and investigation report;
1. Relevant provisions concerning facts constituting an offense;