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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is as follows: (a) although the Defendant did not have consented in advance to the sale of the machinery that was provided as security by transfer to C, the lower court erred by misapprehending the legal doctrine, thereby convicted the Defendant.
2. Comprehensively taking account of the following circumstances acknowledged by the lower court and the evidence duly admitted and examined by the first instance court, the Defendant: (a) despite having consented to the sale of machinery to C in advance; (b) sold C and D machinery without its consent for the purpose of having D receive criminal disposition; and (c) sold C and D machinery without consent.
It is recognized that false facts were reported.
Therefore, the defendant's assertion is not accepted.
① The Defendant and C came to know about about 20 years before around February 2016, and C and D have a de facto marital relationship living in the same residence from around 2014.
C From March 2016 to December 201 of the same year, Kimhae-si operated the JJ Co., Ltd., Ltd., and D, upon C’s request, was responsible for the above J Co., Ltd.’s representative.
② From March 2016 to May 2016, the Defendant lent a total of KRW 77,455,00 to C, and C repaid a total of KRW 35 million and had a debt of KRW 42,450,000 around May 2016.
③ On May 25, 2016, the Defendant and D are practically owned by C, each machinery, such as the Defendant lent KRW 50 million to D on March 4, 2016 and offered as security D on March 4, 2016 by notary public, to D.
Clerks, etc. shall be provided as security for transfer.
The term "certificate of fairness in the lending and borrowing contract with the content of transfer as collateral" has been prepared.
On the other hand, the Defendant asserts that he lent approximately KRW 80 million to C, and that he did not receive KRW 70 million among them, and that he prepared a fair deed as above. However, C and D are “loan certificate for a fair deed” around April 26, 2016, which was prior to the preparation of the above fair deed.