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Defendant shall be punished by imprisonment for a term of one year and six months.
Of the facts charged in the instant case, each of the charges of breach of trust is acquitted. This decision is rendered.
Reasons
Punishment of the crime
The Defendant is a person who has operated a machinery manufacturer, such as gold-type, with the trade name “B building” and “D” in the Si interesting City.
1. Around December 27, 2018, the Defendant entered into a contract with the Korea Development Bank for the extension of one year from December 27, 2019 to the date of repayment of a loan of KRW 500 million for existing industrial operation funds with the Victim Development Bank at the above D office. A false statement was made to the effect that the Defendant would offer a loan manager of the Korea Development Bank for the extension of one year from the date of the extension of the loan period to the victim’s loan manager as additional security.
However, in fact, one of the above SDR-1750 machinery was the defendant, who had already received a separate loan from the Industrial Bank of Korea on March 20, 2018, and had no value as security.
As such, the defendant deceivings employees in charge of loans from the victim bank, and thereby acquired the financial benefits of which the repayment period of KRW 500 million is deferred for one year from the victim bank.
2. On February 13, 2019, the Defendant borrowed KRW 200 million to use the victim E-stock company’s name in security transfer to employees in the victim E-stock company located in SIUS-1750 machinery (M276165H3 QB) equivalent to KRW 400 million.
It shall be repaid in one million won per month.
‘A false statement' was made.
However, in fact, one of the above SDR-1750 mechanical units, around March 20, 2018, the Defendant had already received a separate loan from the Industrial Bank of Korea and had no collateral value. Around that time, the Defendant had a debt of KRW 500 million or more to the Defendant, and D operated by the Defendant had a deficit of KRW 100 million or KRW 150 million or KRW 100 million per month. Thus, even if the Defendant borrowed money from the victim, the Defendant either repaid the loan or secured sufficient collateral.