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A defendant shall be punished by imprisonment for not less than one year and 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
"2015 Highest 726"
1. From February 2012, the Defendant against the victim C was working as a loan counselor D in the former bank lending agency chain from around February 2, 2012, and the Defendant first repaid to the debtor of the second financial right, who bears a high interest rate, the Defendant introduced the above debtor to the former bank, thereby allowing the former bank to execute a low interest rate loan, and at the same time, served as a fee for the said lending brokerage by the former bank.
From February 2, 2012, the Defendant borrowed money from several persons, including the victim C, who are employees of the above D, to use the money as the repayment fund for the second loan loan business, and then repeated loans from the previous bank several times to repay it with the interest rate of 3 to 6% per month. However, as the business performance has deteriorated, since January 2013, the Defendant repaid the principal and interest of the debt to other persons who borrowed money from the victim and repaid the principal and interest of the debt to other persons, and led to the management phase of the so-called fund by preventing the repayment of the principal and interest of the debt to the victim.
Around August 19, 2013, the Defendant: (a) at the D Office located in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant did not have any property other than KRW 85 million; (b) the Defendant had to pay interest equivalent to KRW 7 million every month in the amount of KRW 140 million to other persons with financial rights; and (c) there was no income due to aggravation of business performance; and (d) there was no room for improvement of business performance; and (b) the Defendant tried to use the money to prevent the repayment of the money to the victim; and (c) notwithstanding that the Defendant did not have the intent and ability to pay the money normally, the Defendant would have lent the money to the victim as if he were to use the money for the repayment of the second financial right necessary for loan brokerage business, such as transfer.