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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. The Defendant against the victim D was at around April 2012, at the “F restaurant” in Gyeyang-gu Incheon Gyeyang-gu, Incheon, for the victim D with the interest (a loan is made) that is high.
Along with a loan of KRW 30 million, a false statement was made that “A high interest will be paid through high-speed line.”
However, in fact, the Defendant became a bad credit holder since 2010, while at the time, at the time 40,000 won or more was owed to the Defendant, and 650,000 won or more was disbursed from the monthly income of 1.5 million won or more from the monthly income, and was planned to use the borrowed money as debt repayment and living expenses, etc. due to the absence of any particular property condition, and even if the Defendant did not run the lending business and did not borrow the borrowed money from the person who suffered damage due to the lack of delivery of the lending business, there was no intention and ability to pay high interest by operating it
The Defendant, as such, by deceiving the victim as such, received KRW 20 million in total from the Agricultural Cooperative account in G on May 18, 2012, from the victim, to KRW 30 million in total from the same account around June 21, 2012, and KRW 10 million in total from the same account around June 21, 2012.
2. On October 2012, the Defendant against the victim H would pay the victim a high interest rate when he/she borrowed money from the victim’s residence in Seo-gu Incheon, Seo-gu, Incheon Special Metropolitan City I apartment house 387 Dong 1903, the victim H.
When it is necessary, the principal made a false statement that he/she would make payment within two to three months.
However, in fact, the Defendant became a bad credit holder since 2010, and there was a debt of 40 million won or more, but the Defendant was planning to use the borrowed money as debt repayment and living expenses due to the absence of any particular revenue or property. Even if the Defendant did not run the lending business and did not transfer the borrowed money from the damaged party, the Defendant paid a high interest by operating it.