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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant, from August 2013 to October 2016, run “D”, which is a painting company, in the Ssung City, from around the period from August 2013 to October 2016.
On June 10, 2016, the Defendant entered into a security agreement on the transfer of the machinery (316,639,000 won in total) such as (a sum of these 316,639,000 won), which is a company suffering from the damage of Pyeongtaek-si 90 (do referred to as Do-dong) at the National Financial Center near the National Bank of Korea, and (b) at around the border, which issued tax invoices from the public machinery, and filed an application for a loan of 150,000 won corporate facility funds with the Defendant as a joint guarantor.
However, in fact, the above machines are installed in the body of (mainly) light machinery and are not manufactured and supplied in D (mainly), but are not manufactured and supplied in D (mainly). The machines kept by the Defendant in the company were similar type of machinery and had no effect of security since they had been established in the new bank at that time because they had been the state of setting up security at the new bank. Accordingly, the Defendant eventually pretended that D (mainly) in order to obtain a loan would actually manage the above machines and have sufficient ability to provide security.
The defendant deceivings the damaged company as above, and he acquired loans of KRW 150 million from the victimized company to the national bank account (E) in the name of D Co., Ltd.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F, G, and H;
1. Application of Acts and subordinate statutes, such as documents, etc. on management of attempted bonds, a credit transaction agreement, a collateral guarantee contract, a transfer security contract, an object of transfer security, a tax invoice for the issuance of civil machinery, a private machinery contract, a deposit receipt, a receipt, a estimate, a mechanical photograph, a written estimate, a copy of a passbook, a copy of a contract, and an electronic tax invoice;
1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;
1. Application of the sentencing criteria [the scope of the recommended punishment] general fraud;