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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.
Reasons
Punishment of the crime
1. Fraud;
A. The Defendant was aware of the victim C’s fraud while engaging in the same activity with the victim C and D.
Around June 18, 2013, the Defendant made a false statement that “When he/she lends money to the victim in which he/she engages in credit business related to cargo vehicles, he/she may lend the money to the motor vehicle dealer, he/she may secure a customer with a lot of loans. Three copies of the monthly interest will be paid to the motor vehicle dealer. When he/she wishes to return the money, he/she will return the money to him/her if he/she talks in advance at least two months prior to the first month.”
However, the Defendant, while working as a place of business in the Seoul Metropolitan City, Inc., Ltd., Inc., and the Defendant did not have any other income and any property owned by the Defendant, as well as the income of 5 million won per month. The Defendant had a debt of approximately KRW 840 million in total from the descendants such as H et al., and the Defendant had a debt of approximately KRW 170 million in total from the financial institutions such as Korea Bank, etc., and was able to pay interest of KRW 370 million in total from the financial institutions such as Korea Bank, etc. to pay the said debt in monthly amount of KRW 170 million. Accordingly, even if he borrowed money from the victim, the Defendant did not have any intent or ability to pay the principal by paying interest every month.
The Defendant received 60 million won from the victim on June 19, 2013, 13 million won on June 2013, 2013, and 20 million won on July 25, 2013, 3 million won on August 6, 2013, 2850,000 won on August 7, 2013, and 5 million won on November 14, 2013, respectively, from the victim as the agricultural bank account in the name of the Defendant, and acquired 13.85 million won on a total.
B. The criminal defendant against the victim I became aware of the victim I by introducing C.
When the Defendant, around September 24, 2013, lent money to the victim at the F1st¡¯s coffee shop located in Osan-si, Osan-si, “in-house credit business related to cargo vehicles” to the victim, the Defendant may lend the money to the motor vehicle dealer and secure a large number of customers.
The interest shall be paid in four equal installments in one month.