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(영문) 광주지방법원 2016.09.22 2016고단2273
사기등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who actually operates D Co., Ltd. (hereinafter referred to as “D”) under the name of E in the south-Songsung-gun C.

On May 28, 2015, the Defendant obtained from the Gwangju Bank a corporate facility installment repayment loan of KRW 2.7 billion and a corporate driving loan of KRW 770 million from the Gwangju Bank, and on the same day, the Defendant established, as security, a mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed

1. On July 15, 2015, the Defendant in fraud offered two of the machinery equivalent to KRW 320 million in total amount of KRW 40,000,000,000,000 in the market price of D owned, as collateral, to the victim F in the future beer office, a corporation located in Dong-gu, Gwangju, Dong-gu, Gwangju, about KRW 110,000.

There is no security established on the machinery to be offered as security for transfer.

“.......”

However, on May 28, 2015, the Defendant obtained a loan of KRW 3,4770,000 from the Gwangju Bank, and established a right to collateral security at the Gwangju Bank on the entire machinery and equipment installed in the factory, as well as at the time of obtaining a loan from the Gwangju Bank, the Defendant was in a serious state as well as the above KRW 3,477,00 million due to a decline in the company’s capital due to the lack of oil at the time of obtaining a loan from the Gwangju Bank, and thus, the Defendant did not have the intent and ability to provide a security agreed upon to the victim, and the Defendant did not have any intent and ability to repay to

Nevertheless, the defendant deceiving the victim as above and transferred 70 million won from the victim to D's agricultural bank account, i.e., the victim from the victim, and on August 2015.

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