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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
[2013 Height520] The Defendant is the actual operator of BH Co., Ltd. (hereinafter “BH”), P is the representative director of CF Co., Ltd. (hereinafter “CF”), and BN is an employee of the aforementioned two companies in charge of the brokerage and management of contracts.
1. On December 2, 201, the Defendant and BN entered into an entry contract with the victim CG on December 2, 201 with CH Hyundai 14 tons of a special grassland truck in the name of BH.
The defendant had a duty not to provide the above-mentioned vehicle as a collateral without the consent of the victim for the victim who is a son.
Nevertheless, on February 29, 2012, the Defendant, in collusion with BN on February 29, 2012, borrowed KRW 70,000 from modern money social, mortgager BH, debtor BS, and bond value of KRW 49 million on the said vehicle by borrowing KRW 70,000 from modern money social, mortgager, mortgager BH, debtor, and mortgage value of KRW 49,000,000 on the same vehicle, in violation of the above duties at the office of Hyundai money Social Co., Ltd. (hereinafter “N”) located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu.
2. Fraud (victim CI) in collusion with P and BN on April 17, 2012, the Defendant told the victim CF office located in Haking-si, “If CH14 tons of modern special portrait trucks are placed, CH14 tons will be allowed to work for the transportation of motor vehicle parts ordered by Bolle Co., Ltd. located in Gyeongnam Kim Yong-do. If CH14 tons of the above consignment management contract and intermediate payment of KRW 50 million are deposited, the Defendant would have the freight transported work from June 1, 2012.”
However, the above vehicle is a vehicle purchased at KRW 117 million in the name of BH as stated in paragraph (1). At the time, the Defendant was in a situation where the transport contract with Boan Co., Ltd. did not proceed, and thus, the Defendant did not work for CG, so even if receiving the payment from the victim, it is operated by the victim.