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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On January 18, 2019, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, etc. in Daejeon District Court on June 19, 2019, and was under the execution of punishment. A person who served as the representative director of “FFB” from May 23, 2013 to January 18, 2016.
On April 10, 2014, the Defendant applied for a loan of KRW 490 million from the victim F under the name of the Defendant’s husband E in the name of the Defendant’s husband E, and set up a collateral security of KRW 588 million with respect to the forest land of KRW 4960 square meters owned by the “agricultural partnership B” in Sejong-si, Sejong-si, the lower court set up a collateral security of KRW 588 million with respect to the claim amounting to KRW 49
However, the Defendant prepared and submitted a false copy of the board of directors’ resolution that the director H and I, etc. passed a loan of KRW 490 million from F in order to obtain a loan of KRW 490,000,000 from F as if he did not obtain the consent of the directors of the “agricultural partnership B,” which is necessary for the establishment of the above right to collateral security.
The Defendant, by means of preparing and submitting a copy of the board of directors with false content as above, deceiving the Victim F and obtained the approval of the loan from the injured party, and then, acquired the Defendant’s her husband E account under the name of her husband with the loan amounting to KRW 490 million around May 12, 2014.
Summary of Evidence
1. A protocol concerning examination of the suspect E in a copy of the protocol of examination of the witness to the defendant's legal statement L or M;
1. Statement made by the police with respect to the N;
1. A copy of a loan application (1) : A copy of the meeting minutes of the board of directors on April 4, 2014: A copy of each certificate of personal seal impression, a copy of loan transaction agreement (1): May 12, 2014; a copy of a written confirmation of the scope of obligation guaranteed by a right to collateral security: May 12, 2014; a copy of each written notification of completion of registration; a copy of a written confirmation of the establishment of a right to collateral security; a copy of a copy of a contract for creation of a superficies: The receipt and loan; a copy of the receipt and loan; a copy of the remittance details; a copy of the written protocol of examination of suspect: A prior record on June 12, 2017: A reply to inquiry of criminal history, etc.; and each written judgment (defendant and a defendant).