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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. The Defendant was registered as an auditor of the (ju)C for the purpose of collecting aggregate and lending aggregate, but the Defendant did not actually participate in the operation of the said company, and even if the victim obtained an installment loan for purchasing dump trucks from a non-us Capital (ju), he/she did not have any intent or ability to repay the loan normally while using dump trucks for business purposes.
Nevertheless, on May 29, 2013, the Defendant is running the business of collecting aggregate and mid-term leasing aggregate in the course of operating "(ju)C to E, who is an employee of the victimized company at the office of the (ju) office in Gwangju-si, Gwangju-si, and intends to purchase a truck because the truck to be used for business purposes is necessary.
In order to purchase a truck, it is necessary to set up a mortgage on the main truck and pay the principal and interest of the installment normally.
“Falsely speaking, the Defendant entered into a loan agreement with the victimized Company on a monthly installment of KRW 199,100,000 to purchase F 249,020,000 from Boan Group Korea (State) to purchase F 27 tons of dump trucks in 249,00,000, with the Defendant’s KRW 3,85,910 each month after four months, and then 68 months thereafter, acquired KRW 19,100,000 from the victimized Company as a loan for the purchase of dump trucks on June 13, 2013.
2. On June 20, 2013, the Defendant: (a) obtained a loan of KRW 199,100,000 from the victimized company, and purchased the said dump truck; and (b) on June 20, 2013, the Defendant: (c) established a mortgage on the bond value of KRW 174,30,000 on the said dump truck in the name of the victimized company.
Then, on November 27, 2013, the Defendant borrowed KRW 30 million from G, which is a seller of a secondhand truck, and transferred the said dump truck as a collateral for the gold borrowed and making its location unknown, thereby making it impossible for the Defendant to know the location thereof. The above dump truck, the market price of which is equivalent to KRW 249,020,000, is equivalent to KRW 249,000.