beta
Text
A defendant shall be punished by imprisonment for not more than ten 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
The defendant is the representative director of the Dispute Resolution Co., Ltd. in Ansan-si.
1. On March 2018, the Defendant filed an application for a loan of small and medium enterprise facility funds with the Defendant at the victim E-bank branch located in Suwon-si, Suwon-si, the Defendant provided 7 machinery worth KRW 410,500,000,000 in the market price, including the AMADA SPS 6BH-1000, which was purchased from the G L/C branch operating by F, as one of its own possession.
However, as seen above, machinery 7 points, such as AMAD AMA 6BH-1000, which was offered as security to the victim, were purchased from the LAH by the Defendant with a loan from the purchase fund from the LAH, and a lease contract was concluded on February 12, 2018 with the content that the LAH held the ownership in order to secure the above loan obligation, and the Defendant could not provide it as security to others at will.
Nevertheless, the Defendant, as above, by deceiving the victim, received 295 million won from the victim as a loan on March 30, 2018, from the victim, to the I Bank Account in the name of the G Bank Account (J) designated by the Defendant.
Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.
2. On November 2, 2015, the Defendant: (a) received a loan of KRW 900 million from the victim at the same orchard branch of the above victim E-bank; (b) provided the factory and factory site owned by the K-AFC as collateral to the victim; and (c) additionally received a loan of KRW 2.1 billion from the victim on December 16, 2015, the Defendant provided 13 machinery, such as H-Bam Belling, owned by the K-AFC Co., Ltd. as collateral for the victim; and (d) around May 16, 2016, the Defendant provided the victim with 13 machinery, such as the above building and site, H-Bam vlling, as described in attached Table 2, in accordance with the Factory and Mining Foundation Mortgage Act, to secure the previous debt to the victim.