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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On March 22, 2011, the Defendant entered into a sales contract with D Co., Ltd. (C 210), located in the office of the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, to purchase KRW 169,00,000 E 25 tons of a vessel owned by the said Company, and the same year.
4. Around 11.1. Around 10.1, the victim Solomon Savings Bank borrowed KRW 150,000,000 from the said vehicle as collateral, and entered into an installment loan agreement with the content that annual interest rate shall be 14.5% and 48 months be repaid in installments.
On April 22, 2011, the Defendant stated that “The loan broker, who received the above loan from the victim company in G apartment, which is the Defendant’s residential area F in Ansan-gu, Ansan-si, and executed the loan, paid the loan” to H, “The borrower shall pay to the borrower the remainder of the credit amount 85,00,000 won, excluding the amount of credit 85,00,000 won set up on the pressure play vehicle to be purchased, and he shall promptly request the borrower to pay the loan to him.”
However, on April 20, 201, the Defendant used 32,000,000 won owned by the Defendant, which was in need of payment for the purchase price, for other purposes, in addition to the above loans, and even if the Defendant received a loan from the victim company, it was impossible to purchase the above pressure play vehicle. This was not only the intent or ability to provide the above pressure play vehicle as security to the victim company, but also the Defendant was thought to use it for personal purposes, such as lending part of the loan to I.
Nevertheless, the Defendant did not notify H of the foregoing fact, and instead received a total amount of KRW 65,00,000,000 from H at the same place on the same day and received KRW 10,000,000 from H at the same place on the same day, and received KRW 45,00,000 at the same place on the 24th day of the same month.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of the witness J and K;
1. Prosecutions against the Defendant.