A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

The Defendant is an employee of “B” who is a lending company.

On July 2016, the Defendant entrusted the Victim C with KRW 60 million and lent it to D, and around February 8, 2017, upon receiving repayment of the principal and interest on the said loan from D, the Defendant terminated the right to collateral security of KRW 90 million with respect to E-owned real estate (Seoul Metropolitan Government F building Gdong) established at the time of borrowing.

On February 8, 2017, the Defendant: (a) requested the victim to terminate the said collateral security; and (b) requested the victim to transfer KRW 37.3 million, part of the principal and interest of D, to the account of the victim; (c) the Defendant sent text messages, “I, 1/J.K. 2, 6,000,000,000 won, which is part of D’s repayment, or KRW 37,30,000,000,000,000,000,000,000 won, among the above principal and interest of KRW 1,7,330,00,000,000,000,000,000 won, from the remainder of D’s repayment, would directly recover the total amount of KRW 5,6,000,000,000,000,0000,000,000 won, to the extent that it would have been granted a false collateral security.”

However, in fact, the Defendant did not lend the money received from the victim or the remainder of D that the victim should receive from the victim to I, but was thought to be used for other purposes, such as paying interest to the creditors of the Defendant. Since financial standing was difficult at that time, the Defendant did not have any intent or ability to pay interest of 1.5% per month, as agreed, on the above land.

On February 8, 2017, the Defendant issued KRW 26.4 million from the victim to the Credit Union Account (M) around February 8, 2017.