beta
Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The defendant is a person who actually operates (State)B.
On May 22, 2013, the Defendant entered into a contract to establish a collateral security right with a maximum amount of KRW 180 million for C owned by the injured party, until May 21, 2018, with respect to the claim amounting to KRW 150 million with respect to C owned by the injured party at the location of the Industrial Bank of Korea located in Masan-si, Changwon-si. 272. On May 22, 2013, the Defendant completed the registration of the establishment of the collateral security right as the Changwon District Court No. 21 on May 22, 2013.
However, the Defendant had already been granted a loan from the Samsung Card on April 5, 2013, and completed a contract to establish a transfer security contract for the instant machine. Therefore, the Defendant could not provide the said machine as a collateral again.
On May 22, 2013, the Defendant, by deceiving a person in charge of the name in charge of the victim bank, received KRW 150,000 from the victim bank account in the name of the bank in the name of the bank in charge of the settlement of the loan and received KRW 150,000 from the bank account in the name of the
Summary of Evidence
Application of the law of the judgment of the court below to the defendant's legal statement D lending documents (T&S)
1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;
2. The punishment is imposed on the Defendant, given that the degree of deception of the reasons for imposing selective sentence of imprisonment is significant and the amount of damage is significant (as of July 21, 2017, remaining loans amount to KRW 99,300,000). However, the amount obtained by deception is mainly conducted in the repayment of the company’s obligations or operating expenses, and the Defendant appears to have no record of criminal punishment, the punishment is determined as ordered in light of the circumstances favorable to the Defendant.