A defendant shall be punished by imprisonment for four months.

Punishment of the crime

The Defendant is a representative director of D Co., Ltd. (hereinafter referred to as “D”) established for the purpose of manufacturing food processing machinery.

On December 26, 2013, at an office where the trade name in Daegu E is unknown, the Defendant concluded that “F, an employee of the financial intermediary company of the Victim FF Capital Co., Ltd. (hereinafter “victim”), “F,” who is an employee of the financial intermediary company of the Korea Special Technology Corporation (hereinafter “victim”), purchased and offered the above vehicle as security on the face of a week by lending KRW 44 million.” The Defendant stated that “I will faithfully repay the loan by installments for 1.9% per annum and 48 months.”

However, at the time of fact, even if the Defendant borrowed 44 million won from the victimized company, only part of the amount of KRW 18 million out of the amount was used as the purchase price for the vehicle, and the remainder was thought to be used voluntarily for the purpose of personal credit card overdue payment, business fund, etc.

Nevertheless, the defendant, as mentioned above, received 4,3980,000 won from the defendant's bank account from the victim company through the defendant's bank account.

Summary of Evidence

1. Legal statement of the witness H;

1. Each legal statement of a witness I, J and K;

1. Partial statement made to I in the police statement protocol;

1. 고소장, 대출 신청 서류, 자동차 등록 원부, 상환 스케쥴, 계약별 입금 현황, 통장 사본, 거래 내역서, 사업자등록증

1. Each investigation report (Attachment of facsimile transmission data to the complainant, and a certified copy of D registry) (the defendant and the defense counsel are merely a defendant who lent the name of the debtor at the time of the loan of this case as the nominal representative director D in the name of this case, and they did not intend to use the damaged company for personal debts, etc. by obtaining a loan as the purchase price for the vehicle, and there was no criminal intent.

The argument is asserted.

According to the evidence duly adopted and examined by this court, the facilities of heavy scrapers have been repaired and sold to China.