A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

On December 2, 2013, the Defendant: (a) at the “D” restaurant located in Heung-gu, Seo-gu, Young-gu, Seoul, in which the Defendant operated, the Defendant lent money to the victim E and received interest from the victim; and (b) profits are good.

이자는 채무자들이 정하는 것인데, 한 달에 10% 상 당의 이자를 받을 수 있으니 여윳돈이 있으면 투자하라. 나도 현재 가지고 있는 현금을 다 투자하고 있는데, 채무자들이 한 번도 이자를 밀린 적도 없고, 혹시 문제가 생기면 내가 다 책임을 질 테니 걱정하지 말라. 지금 1억 원을 빌리려고 하는 사람이 있는데, 1억 원을 빌려 주면 매달 15일에 300만 원, 30일에 560만 원을 이자로 지급한다고 하니 내 계좌로 1억 원을 송금해 주면 이자를 받아서 주겠다’ 고 거짓말하였다.

However, in fact, as the defendant bears more than KRW 300 million, he was planned to use his debt with money from the injured party to repay his debt, and there was no intention or ability to receive interest on the loan of money from the injured party to another person.

As such, the Defendant, by deceiving the victim, received KRW 53,50,000 from the victim, to the Defendant’s account on January 8, 2014, and acquired KRW 533,50,000 from that time to March 18, 2014, as indicated in the list of crimes in attached Form 45 times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. (E) a copy of the details of deposit and withdrawal transactions, (E) a copy of the inquiries about past transaction details, and (E) an inquiry about the details of each liquidity transaction (Evidence No. 14,22); and

1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act (including the case) for the crime;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. The scope of punishment by law: Imprisonment;