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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On August 30, 2017, the Defendant would lend the interest and principal to the victim B at a Buddhist place in Gangnam-gu Seoul, Gangnam-gu, Seoul. On behalf of the Defendant, the Defendant would be able to change the name of the loan within one month or make a change in the name of the Defendant, or to pay the principal on behalf of the Defendant when he/she becomes aware of the change.
“.........”
However, since the Defendant did not have property under the name of the Defendant at the time, and the obligation was reached to KRW 50,000,000, and the credit rating was merely the class 9 of the lowest-class class 10 and could not receive a loan, the Defendant did not have any intent or ability to change the name of the loan or to repay the loan within a short time.
On the 31st of the same month, the Defendant had the victim borrow a total of KRW 10 million from the JT-Friendly Savings Bank in the name of the victim, KRW 5 million from the IT-Friendly Savings, KRW 3 million from the Industrial Complex and the Loan Company, KRW 3 million from the OK Savings Bank, and KRW 21 million from the OK Savings Bank in the name of the victim. On the 21st of the following day, the Defendant acquired the money by remittance from the CT Bank account in the name of the victim to KRW 21 million.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement with respect to B;
1. Investigation reports (the details of deposit transactions and the attachment of loan contracts), and application of Acts and subordinate statutes to investigation reports (the hearing of statements made by a complainant B);
1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is against the defendant, there is no particular criminal history other than the defendant's two-year criminal records, and the defendant paid 5 million won to the victim and agreed to pay the remainder every three years by 500,000 won per month, and the defendant's age, sex, environment, motive and result of the crime.