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A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On June 11, 2014, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Gangnam Branch Branch of the Chuncheon District Court. The Defendant appealed and was sentenced to two years of suspended execution on September 2, 2014, and the said judgment became final and conclusive on September 12, 2014.
【Criminal Facts】
In order to prepare the acquisition cost of mines (D) and the contract deposit for civil works entered into with (E) E, the Defendant and C wanted to take up two so-called the so-called “mortgage” security and borrow money as follows.
1. On April 6, 2010, the Defendant purchased one of the middle and high-speed digging lines G from the Gangnam-gun F, the Defendant borrowed KRW 75,800,000 to the victim Aju Capital Co., Ltd. after concluding an automobile loan agreement with the victim. On April 19, 2010, the Defendant set up a mortgage on the above digging machines amounting to KRW 75,800,000 to the victim.
On September 2012, the Defendant and C borrowed KRW 20 million from the first office located in H in the East Sea, which was transferred to J for the purpose of securing the first unit of G mining searcher, and the location of one of the above mining searchers was unclear.
Accordingly, the Defendant conspired with C in order to conceal the above one set of excavations, which is the object of the mortgage of the victim, and thereby interfered with the exercise of the rights by the victim.
2. On July 22, 2010, the Defendant purchased one set of MF in K from the main agency of K, and concluded an automobile loan agreement with the victim Aju Capital Co., Ltd., the Defendant borrowed KRW 132,800,000. On July 27, 2010, the Defendant set up a mortgage on the claim amounting to KRW 132,80,000 against the victim with respect to the above Chobys.
On August 18, 2012, the Defendant borrowed 65 million won from the I Office located in H in the East Sea, and transferred 65 million won to N for the purpose of securing the MO, and made it unclear the location of 1 of the above I Office.
Accordingly, the Defendant conspired with C in order to conceal the above one set of excavations, which is the object of the mortgage of the victim, and thereby interfered with the exercise of the rights by the victim.
(i) the evidence;