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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On July 27, 2014, at the time when the Dongjak-gu Seoul Metropolitan Government was located in Dongjak-gu, Seoul, the Defendant made a false statement to the victim, stating that “The Defendant would make preparations for the good at a clothing store operated by the Defendant, and if the Defendant lent KRW 30 million to him/her, he/she would make a full payment at around 2015.”
However, in fact, due to the business depression of the above clothing store, the Defendant had an excessive interest rate of KRW 400,000 per day by lending KRW 20,000 to the above clothing store and paying interest rate of KRW 40,000 per day, and there was no intention or ability to repay the interest rate even if the Defendant borrowed money from the victim because it was in the situation that most accumulated interest rate of the loans from the victim should be used.
On July 27, 2014, the Defendant received KRW 10 million from the victim to the Defendant’s bank account on July 27, 2014, and acquired KRW 70,000,000 from that time to September 29, 2017 by remittance of the total amount of KRW 70,00,000 through eight times in the same manner as the attached crime list 1.
2. On April 3, 2015, the criminal defendant against the victim E stated that “G” calls from the victim in the clothing store “G” operated by the defendant in the Jung-gu Seoul Metropolitan Government F market and, if the defendant lends the money to the victim, he/she would complete the above store as he/she would have repaid if he/she lends KRW 20 million to the victim.
However, in fact, due to the business depression of the above clothing store, the Defendant had an excessive interest rate of KRW 400,000 per day by lending KRW 20,000 to the above clothing store and paying interest rate of KRW 40,000 per day, and there was no intention or ability to repay the interest rate even if the Defendant borrowed money from the victim because it was in the situation that most accumulated interest rate of the loans from the victim should be used.
On April 3, 2015, the Defendant received KRW 20 million from the victim to the Defendant’s DNA bank account on April 3, 2015, as well as from the time of transfer.