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A defendant shall be punished by imprisonment for seven years.
Reasons
Punishment of the crime
The Defendant, on November 14, 2013, was sentenced to one year of imprisonment for a crime of fraud, etc. at a flood control center. On November 26, 2014, the Defendant was sentenced to ten months of imprisonment for a crime of fraud, etc. at a flood control center on September 11, 2015, and completed the execution of the final sentence at the flood control center.
[Criminal facts]
1. On November 2015, the Defendant extended a loan to the victim C, “The Defendant is engaged in a loan business, setting up an object equivalent to KRW 1 billion at the market price as a collateral, and granting a loan. If the Defendant borrowed KRW 500 million, the Defendant would set up an object equivalent to KRW 1 billion at the market price as a collateral to the victim and lend the collateral provider KRW 500 million.
The principal shall be paid to the victim on a monthly basis and the principal shall be paid before the Gu administration ( February 8, 2016).
If the secured provider fails to pay the principal within the agreed period, it would be able to obtain full repayment of principal and interest on the security.
However, there was no person who did not have the right to set up and lend an article equivalent to one billion won at the market price as a collateral. The defendant thought that the defendant would use the money borrowed from the bad credit bad person who did not have any property, for personal purposes, such as the defendant's living cost, the purchase cost of bents car, the loan company's office deposit, etc. Therefore, even if the victim borrowed the above money from the victim, the victim did not have the intent or ability to pay the principal and interest at the market price as collateral or until the agreed date.
Around November 23, 2015, the Defendant: (a) by deceiving the victim as above; (b) received cash of KRW 200 million from the new permanent resident in Songpa-gu Seoul, Songpa-gu, Seoul as a loan from the Vice Minister of Foreign Affairs and Port; and (c) received money of KRW 300 million from the E deposit account (Account Number:F) in the name of the Defendant’s seat on November 24, 2015.
2. The Defendant: (a) on December 3, 2015, the market price is one billion won, as described in the foregoing paragraph (1), from the person who suffered damage on December 3, 2015.