A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

On June 7, 2018, the Defendant was sentenced to two years of imprisonment with prison labor for fraud, etc. at the Busan District Court on October, 2018, and the judgment became final and conclusive on June 15, 2018.

The Defendant is the representative director of C Co., Ltd. (hereinafter referred to as “C”) located in Gyeongnam-gun, Chungcheongnam-gun.

1. Around November 24, 2016, the Defendant concluded a loan agreement of KRW 330,000,000 with the maximum debt amount of KRW 396,000,00 with respect to six of the land, buildings, and machinery owned by the victim and C, as the members of the window of Changwon-si, a regional headquarters of the Small and Medium Business Corporation established 362, as a representative of the victim, and as a representative of C, with the victim and C.

However, among six of the above 6 machinery and instruments offered as security, CNC line 20 L, appraisal amount to 47,190,000 won, and machine learning center No. 5 of the collateral list (Model MYYY540/50, appraisal amount to 85,800,000 won) is not the machinery owned C, but the owner of D and E, the owner of which was established and purchased by means of transfer to each FF bank, stating that the Defendant was the above machinery to be used for the FF bank, the Defendant created a factory mortgage and received a loan, thereby bringing about the payment of rent. However, C is owned by deceiving the victim.

Accordingly, the defendant deceivings the victim as above, and acquired loans equivalent to KRW 132,990,00 from the two appraisal values of the above machinery from the victim.

2. As above, the Defendant in breach of trust established a factory mortgage of KRW 396,00,000 with respect to the land, buildings, and six machinery, equipment, etc. owned by C by the victim and borrowed KRW 330,000,000 from the Small and Medium Business Corporation. As such, the Defendant was obligated to keep the said collateral so that the creditor, who is the creditor, can achieve the purpose of

Nevertheless, on April 2017, the Defendant violated the aforementioned duties, and around C around April 2017, the Defendant: (a) in violation of C’s duty; (b) the Megael H-V50D of the machine and instruments, for which the right to collateral security was established, and (c) the appraised amount