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A defendant shall be punished by imprisonment for three years.
Of the facts charged in the instant case, the check number E on December 31, 2012.
Reasons
Punishment of the crime
The Defendant is the owner of the F building in Jung-gu, Seoul and engaged in the printing business in the name of “G printing” in the above building, and the victim H leased the 3th floor of the above building from the Defendant and engages in the branch sales business in the name of “I”.
1. Fraud of loans;
A. On September 17, 2012, the Defendant: (a) borrowed KRW 29,376,000 by means of discounting the number of shares from the victim in the said Gprint office; and (b) issued the victim one copy of the number of shares of the said Gprinting office ( check number J, face value of KRW 34,00,000).
However, the Defendant purchased the above F building and borrowed approximately KRW 4.6 billion per month from the Industrial Bank of Korea, and paid the principal and interest of KRW 4.7 billion per month, and paid KRW 27 million per month as the rent for a printing machine. The Defendant did not pay KRW 2,675,974 as well as KRW 5,847,108 as retirement pay for K employed by the said printing office, and KRW 5,847,108 as well as annual wage and annual settlement refund for L. Since there was KRW 1 billion as the borrowed money and KRW 2 billion as the object of the debt, there was no intention or ability to make settlement at the due date as the object of discount or discount of the bill from the victim.
Nevertheless, the Defendant received 29,376,000 won, subtracting interest 4,624,000 won from the victim for the same day as the loan, from the victim, from the time to January 18, 2013, the Defendant received 272,395,00 won as a loan by means of discounting the number of units or bills over 13 times in total, as shown in the attached crime list 1, from the time to January 18, 2013.
B. On August 31, 2012, the Defendant agreed to borrow KRW 16,029,00 at the discount of a bill from the victim at the said Gprint office, and borrowed KRW 27,522,60,00 in the same manner as at November 12, 2012.