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A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 15, 2015, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment for fraud at the Seoul Central District Court, and on May 23, 2015, the judgment became final and conclusive.
1. On May 22, 2012, the fraud Defendant heard at the office of “D” office located in Gangnam-gu Seoul Metropolitan Government, that funds for acquiring business rights related to the projects to create the theater of “G” located in “F” in “D” from the victim E, and provided the victim with the funds that “H is aware of the contents of the project and has already prepared for KRW 100,000,000,000,000,000.” On May 22, 2012, the Defendant entered into a consulting service contract with the victim at the above place, stating that “The victim may receive a loan of KRW 10,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000 won, if the loan was not implemented immediately.”
However, in fact, since the defendant thought that he would personally consume the money received from the victim, even if he received the money from the victim as a commission, he did not have an intention or ability to receive a loan of KRW 100 billion as the victim promised or return the loan fee received from the victim.
The Defendant, as such, by deceiving the victim, received KRW 100 million from the victim on May 22, 2012, under the pretext of a loan fee.
2. No loan brokerage company that violates the Act on Registration of Credit Business, etc. and Protection of Financial Users shall receive any price in connection with loan brokerage from the other party to the loan;
Nevertheless, around May 22, 2012, the Defendant entered into a contract with the “D” office of the above Defendant’s management to intermediate loans of KRW 100 billion, and received KRW 100 million from E as a loan fee for loan brokerage services.
Summary of Evidence
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