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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
1. The summary of the grounds for appeal: The lower court’s imprisonment (two years of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Prosecutor applied for amendments to the Bill of Lading stating that “In the trial of the Party, the date on which the contract for the transfer of security between the Defendant and the victim of the instant facts charged was concluded between “ around February 18, 2013” and “ around August 19, 2013,” and “2 billion won loaned on or around August 19, 2013,” the content of the secured obligation was “a total of KRW 1 billion existing loans and KRW 1 billion additionally loaned at the time of the conclusion of the said contract for transfer of security” and “a total of KRW 2 billion borrowed at the time of the conclusion of the said contract for transfer of security,” and the subject of the judgment below was changed from “Defendant E” to “Co., Ltd.,” and thus, the subject of the said judgment was no longer maintained in this respect.
3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of unfair sentencing, on the ground that the above grounds for reversal ex officio are reversed, and the judgment below is again decided as follows.
In addition, the defendant is the representative director of the E (hereinafter referred to as the "E") of the member-gu, Ansan-si, the purpose of which is the manufacture, etc. of leather.
The Defendant appears to be a clerical error in the facts charged around February 13, 2013, stating that “Around February 18, 2013,” but this appears to be a clerical error in the facts charged.
In order to secure the debt amounting to KRW 2 billion in total of KRW 1 billion of existing loans at the Incheon Branch Office of the Victim Export-Import Bank of Korea located in 1127, Nam-gu, Seoul, Dong-gu, Incheon, to obtain additional loans from the victim, it shall transfer all the inventory assets, such as products and raw materials of KRW 18,683,305,239 of the total market price held by E between the victim and the victim.