A defendant shall be punished by imprisonment for three years.

except that the execution of the above sentence shall be suspended for five years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is the representative director of C corporation.

The Defendant loaned KRW 4.7 billion from a corporate bank as security 4.7 billion from the corporate bank, but added KRW 700 million as additional funds are required, the Defendant borrowed KRW 5.4 billion from a new bank as security 5.4 billion from the above land, factory buildings, and the above 7th machinery (TE-1504 units) other than the above 4.7 billion loans from a new bank as security, in the Seo-gu Incheon Special Metropolitan City D Factory Site No. 1,900 square meters, Seo-gu, Incheon Metropolitan City D, 4th ground factory buildings, and machinery (TE-350 units, TR-300 units, TR-2504 units).

On July 17, 2014, the Defendant borrowed 4.7 billion won from a corporate bank as collateral 7 machinery owned by the land and factory building and company to G, the site location of which is located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon. The Defendant borrowed 7.7 billion won from the corporate bank. In addition to the existing collateral, the Defendant additionally borrowed 700 million won from the corporate bank. The Defendant stated that the 111 machinery in the company is owned by C company with no certainty.

However, in fact, the 7th machinery (TE-350 1, TE-300 2, TE-250 4) which had already been provided to a corporate bank as joint collateral with land and factory buildings was owned by the effective capital stock company at the time of requesting a loan to a new bank, and the remaining 4th machinery (TE-150 4) was owned by the Co., Ltd. that reserved ownership and purchased the ownership.

Nevertheless, as above, the Defendant, by deceiving the victim and entering into a credit transaction agreement with the victim for 5.4 billion won, concluded a loan agreement with the victim, and by setting up a mortgage equivalent to 6.48 billion won with the factory site, building, and machinery 11 units as joint collateral, and thereby making a loan of 5.4 billion won, thereby making up a loan of 4.7 billion won to arrange the loan to a corporate bank, and received the remainder of 70 billion won from the victim.

Accordingly, the defendant acquired 700 million won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. G police.