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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, 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 April 3, 2014, the Defendant was sentenced to two years in Busan District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and the said judgment was finalized on June 26, 2014. On July 11, 2014, the Defendant was sentenced to two years in prison for a crime of fraud and was sentenced to two years in prison for a period of ten months in the same court on July 19, 2014, and is currently under probation.
1. The Defendant is difficult to raise funds necessary for the payment of the principal and interest of loan while receiving a loan from a financial institution in the course of operating C, and purchasing a swimming pool in the name of the principal or another person, and paying the principal and interest of loan in installments. As the above C’s operational funds were advanced, the Defendant attempted to obtain an additional loan as collateral, but the Defendant had already received an additional loan of a KRW 00 million in the name of the Defendant, and thus there was no additional loan.
Therefore, the Defendant, by pretending that a third party purchases the excavation machines that he actually owns, thought that he would receive a loan from the victim Dongyang Life Insurance Co., Ltd. (hereinafter “victim”) in the name of the third party.
Accordingly, around April 18, 2013, the Defendant made a false statement that “F would establish a right to collateral security in the future of the Dongyang Life Insurance Co., Ltd. as well as the right to collateral security in the amount equivalent to the above loans to E, a social loan company E, a business agent of the victim, as a business agent of the victim, “F would have borrowed 90 million won to F in order to purchase G c c h h h h h. If so, immediately after transferring the ownership of the above c h h h h h in the F’s name.”
However, in fact, as the defendant actually purchased the above mining groundr under F, the defendant was to use the above mining groundr purchase price in F's name, and the defendant was to use it, and the above mining groundr's ownership was transferred to F.