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A defendant shall be punished by imprisonment for two years.
An application filed by an applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
"2015 Highest 1604"
1. On February 2012, the Defendant, while engaging in the bond business, was unable to recover the claims properly, was liable for approximately KRW 1 billion, and the Defendant was making one-time “defensing” such as lending the interest and principal to the extent of KRW 10 million each day and paying the principal. Therefore, even if the Defendant borrowed the money from the victims, there was no intention or ability to repay the amount.
Around March 6, 2012, the criminal defendant against the victim E made a false statement to the victim E as follows: “The number of days of employment in F is also the number of days, and the loan brokerage is also made. The defendant borrowed KRW 30 million and received KRW 5 million and interest KRW 2,400,000 for every 10 days. In such a case, 10% of interest per month shall be paid, and the principal shall be paid after two months.”
However, in fact, there was no intention or ability to repay the money even if the money was borrowed from the victim because the above lending of the money was made to prevent the repayment of the debt.
As such, the Defendant, by deceiving the victim as such, received KRW 27.6 million from the victim to the company bank account of G designated by the Defendant for the purpose of borrowing the interest from the victim, and received transfer of KRW 27.6 million in total from that time until April 19, 2012, from that time to April 17, 2012, from that time, KRW 215.4 million in total.
B. Around March 2012, the criminal defendant against the victim D made a false statement to the victim D through J, at the first half of the Defendant’s operation in Ansan-gu, Busan-si, the U.S. H, stating that “A money is needed to engage in credit business. If the money is lent, five additional interest shall be given on a own basis, and the principal shall be repaid within one month.”
However, the fact is that the above lending of money and repayment of the debt, etc. were made so as to prevent the return.