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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On June 2014, the Defendant introduced the lending company to the victim and received the money in return, but the victim refused to pay the money, and the victim was willing to borrow money from the victim to claim it as a collection fee and not to change it.
1. On July 19, 2014, the Defendant: (a) at the hotel C in Seocheon-gu, Seocheon-gu, Seocheon-gu; (b) around July 19, 2014, he/she borrowed KRW 5 million from the victim D; and (c) during the month, he/she will pay the principal and interest calculated in two copies per month.
When lending money to a member of a national bank, he/she would give his/her lending to a member of his/her household who is in the national bank so that he/she would give him/her a loan interest rate.
The Defendant received 5,00,000 won in the name of the borrowed money from one bank account under the name of the Defendant at the seat of the victim.
2. On September 2, 2014, the Defendant: (a) borrowed KRW 20 million from the victim D at the location described in paragraph 1 at around September 2, 2014; and (b) calculated two copies per month to pay the interest and included the borrowed amount prior to the borrowing.
On September 15, 2014, the Defendant received a remittance of KRW 20,00,000 under the name of one bank account under the name of the Defendant, from E, upon receipt of a request for remittance from the damaged party.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the prosecution against E;
1. Application of Acts and subordinate statutes on police statements made to D;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning facts constituting a crime. Article 347 (Selection of Fines);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;