A defendant shall be punished by imprisonment with prison labor for four months.

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

Punishment of the crime

On August 2012, the Defendant had arranged a loan of KRW 10 million to the victim B who wants to obtain a loan of KRW 5 million, and had the victim obtain the difference and interest from the victim.

1. Around August 30, 2012, the Defendant introduced the victim B as the employee of the lending company on the street near the 649-lane, Nam-gu, Incheon, Seoul, to the effect that “five million won is a small amount of loan, and ten million won is to be loaned. Unless it is necessary to use the loan in full, the amount of ten million won would be changed to five million won among the loan.”

However, even if the above amounts to five million won, there was no intention or ability to repay the loan with the money.

The Defendant, as above, was accused of the victim and received five million won from the victim.

2. On September 30, 2012, the Defendant made a false statement that “A person who lends money to another person who lends money if he/she deposits interest to the account he/she designates.”

However, even if the money is deposited from the victim, there was no intention or ability to transfer it properly.

As such, the Defendant, by deceiving the victim, received KRW 125,00 from the victim as interest, and received KRW 1,875,00 in the name of C by November 30, 2013, and received KRW 1,875,000 every 15 times a month until November 30, 2013, but wired only KRW 1,50,00 to the lender, and acquired the difference by deceiving the lender.

Summary of Evidence

1. Statement of the police with regard to B and D;

1. Application of Acts and subordinate statutes on copies of bankbooks;

1. Articles 347 (1), 37, and 38 of the Criminal Act applicable to the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Articles 25(1) and 31(1) and (3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders.