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Defendant shall be punished by a fine of KRW 8,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On September 19, 2014, the Defendant: (a) granted loans of KRW 30 million from September 25, 2014 to September 25, 2015; and (b) took out loans of KRW 30 million on September 25, 2015 with the term “the terms and conditions of repayment at maturity,” from September 25, 2014 to September 25, 2015; and (c) acted as if the said loans were fully repaid on September 25, 2015.
However, the Defendant was liable for financial rights worth KRW 130,000,000 at the time of receiving the above loan, but was anticipated to receive the maximum credit loan from each bank, and repaid the above financial rights by lending money from an individual. On September 25, 2014, upon receipt of the above loan, the Defendant used on September 25, 2014, that the credit transaction information of the financial institution was not immediately owned with another financial institution, and was used to obtain the maximum loans exceeding the repayment ability within the scope of the credit limit from a large number of financial institutions, including the above victims, 247,181,00 won in a lump sum from six financial institutions including the above victims. The Defendant had to pay KRW 30,00,000 per month as interest on the above loan, while the Defendant’s revenue was in full annual salary equivalent to approximately KRW 94,000,000 per month, there was no intention or ability to repay the above loan at the expiration of the agreement.
Nevertheless, the Defendant, by deceiving the victim as above, received 30 million won from the victim under the name of the loan on September 25, 2014 and acquired it by deceiving the victim.
Summary of Evidence
1. Each legal statement of witness C and D;
1. Statement of the police statement regarding C;
1. A written petition;
1. A copy of a loan transaction agreement and a credit information inquiry table;
1. A copy of a loan application and a statement of transactions;
1. A statement of loan transactions;
1. The Defendant was unable to know that financial information of a financial institution was not immediately shared at the time of the investigation report (Attachment to the Statement No. D) and at the time of receiving a loan from the victim.