A defendant shall be punished by imprisonment for two years.

Punishment of the crime

The defendant is the representative director of the (ju)C who manufactures concrete block, etc. in Kimcheon-si B.

On November 26, 2013, the Defendant stated that D, a person in charge of loans from the employees of the Small and Medium Business Corporation affiliated with the victim of the Small and Medium Business Corporation, as the Defendant offered D as collateral “(a) C-owned machinery and equipment (a block type, Otour, doping, primary aggregate supply unit, primary compounding unit, secondary aggregate supply unit, secondary compounding unit, and secondary compounding unit)” at the headquarters of the Small and Medium Business Corporation, which is located in the 7rd area north-ro of the Seoul Special Metropolitan City, the Defendant borrowed KRW 730 million from the machinery and equipment fund.

However, in fact, the defendant borrowed 50 million won from E on August 9, 2013 and offered the above machinery and apparatus to E as collateral for transfer, so the defendant did not have the intent and ability to provide the above machinery and apparatus as effective collateral to the victim.

Ultimately, the Defendant applied for a loan by hiding the fact of offering the said machines and instruments as a valid security, and applying for a loan as seen above. On November 28, 2013, the Defendant was transferred KRW 730 million from the victim to the deposit account in the name of Daegu Bank (G) in the name of (G)F, a supplier of the machinery and instruments of the Defendant Company.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Part of the defendant's legal statement

1. Each legal statement of the witness H, I, J, and K;

1. Part of the prosecutor's protocol of interrogation of the defendant

1. The prosecutor's statement concerning H;

1. Each police statement to L, I, and J;

1. A complaint;

1. Application of Acts and subordinate statutes to investigative reports (Submission of Materials for H and recording of telephone conversations);

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act concerning the crime;

1. Determination of conviction under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation

1. The defendant's and defense counsel's assertion is the defendant's machines and instruments owned by the Dispute Settlement Co., Ltd. before entering into a factory mortgage agreement with the victim E.