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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
[Criminal Power] The case: the judgment of violation of the Road Traffic Act (driving) declared by the Changwon District Court on December 7, 2017: Imprisonment with prison labor for six months: the termination of the execution of the sentence of the Changwon Prison on March 27, 2018 [criminal fact]
1. Around May 30, 2017, the Defendant related to B truck provided the Defendant’s D office located in Kim Yong-si, Kim Jong-si, as collateral, and agreed to borrow KRW 75,000,000 in the Defendant’s wife’s name as the Defendant’s wife E with the loan of KRW 8.5 tons, and at the same time, terminated the special term of “confiscing vehicle” in the F’s name within one month, and at the same time, at the same time, terminated the collateral security of KRW 83,30,000 in the claim value under the name of G (owner) established on the said truck, and set up a collateral security in the name of the victim H corporation.
However, the Defendant applied for a loan under the name of the Defendant’s wife due to bad credit standing, and the loan balance received from G was equivalent to KRW 107,00,000,000, and was thought to be used for personal purposes, such as business expenses, not for the repayment of the existing loan, with the loan granted by G. The Defendant’s operation first did not generate profits and was in a situation where losses were incurred. Therefore, there was no intention or ability to cancel the right to collateral security established on the said truck or to repay the loan granted by the victimized company within one month.
The Defendant, by deceiving the damaged company as above, received KRW 74,965,00 from the victimized company to the J bank account under the name of the said E on the same day.
2. On June 14, 2017, the Defendant with respect to K truck provided K 8.5 tons of truck at the above D office as collateral, and agreed to obtain a loan of KRW 56,00,000 in the Defendant’s wife E in the name of the Defendant’s wife, terminating the special term of the “competing vehicle” in the Defendant’s name of the said truck within one month, and at the same time, terminate the bond value of KRW 82,100,000 in the name of G (ju) established on the said truck and set up a collateral security in the name of the victim H stock company.