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A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 26, 2011, the Defendant filed an application for a substitute loan with the purport that “No problem exists” with the Defendant’s employees H in charge of loaning KRW 90,000,000,000,000,000,000,000,000,000 won was immediately repaid to Nonghyup and the remaining 20,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000) at the G Saemaul Fund located in the 1st floor F in Daegu-gu, Daegu-gu, 201.
However, at the time of the loan, the Defendant was well aware of the existence of approximately KRW 250 million in arrears with the statutory due date on December 1, 201 at the time of the loan by the tax office. There was a separate loan of KRW 20 million to the Agricultural Cooperative, and there was no other property than the above apartment that was offered as security, and there was no intention or ability to repay the loan even if the Defendant received the loan from the victim due to the absence of other property other than the apartment that was offered as security.
The Defendant, by deceiving the victim as such, provided an apartment building of KRW 110,000,000 to the victim as security, which was given a loan of KRW 100,000 to KRW 406,00,000 from the victim, but did not pay the amount of delinquent taxes within the due date for notification, payment, and demand of the amount of delinquent taxes, on November 9, 2012, when the public sale procedure was conducted following the tax delinquency due to the tax delinquency on November 9, 2012, the Defendant was conducted on November 16, 206,216, 90, excluding the amount of KRW 161,110,00,000, out of the sales price of the apartment house of KRW 16
Accordingly, the defendant, by deceiving the victim, obtained a loan of KRW 110 million.
Summary of Evidence
1. Court statement of the defendant (the third court date);
1. Statement to J police officers;
1. Notification of confirmation of the amount of delinquent taxes in Daegu and a notice of payment for distribution of delinquent taxes;
1. Application for a loan;