A defendant shall be punished by imprisonment for five years.

Punishment of the crime

[2014 Gohap1204] On April 2013, the Defendant stated that “A victim D is running a real estate substitute loan business, which would be 12% of the principal and interest after 15 days.”

However, in fact, the Defendant did not operate a real estate substitute loan business, and it was a situation in which the total amount of investment money has to be increased by the so-called “debrising” method while paying the principal and profits with the investment money received from many persons by the said method.

As above, the Defendant received a total of KRW 16 billion from April 12, 2013 from the victim, and paid the principal of investment and its profits to the victim. However, in the middle of November 201, 2013, the Defendant did not notify the victim of the fact despite the fact that he/she cannot pay the principal of investment and its profits, and received a remittance from the victim under the pretext of investment.

In addition, from that time until December 11, 2013, the Defendant received a total of KRW 1.44 billion, 1.5 billion through 12 times as shown in the attached list 1 of crimes.

[2014 Gohap1328] The Defendant did not have any special revenue or property at the time of April 2013, and did not have any economic situation such as resolving obligations arising from stock investment, etc. by means of “losting”.

On the other hand, "real estate substitute loan" means that a person who is difficult to obtain an additional loan by means of existing collateral is able to repay the existing loan and obtain a more amount of loan with the investment money received from a third party, according to the establishment of real estate collateral and obtaining a loan from a financial right.

The Defendant around April 2013, via D, a branch of workplace C and C, who was a branch of workplace C and C, is the victim G and H, a F employee, at the “F office located in Gangnam-gu Seoul, Gangnam-gu Seoul.”