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1. The defendant A shall be punished by imprisonment with prison labor for one year and six months;
However, the above sentence shall be executed for two years from the date of the final judgment.
Reasons
Punishment of the crime
[Basic Facts] Defendant A is a person who operated a DNA farming association corporation in Bupyeong-gun C, and Defendant B is a person who works as the director in the E bank and is in charge of loan-related affairs.
Defendant
A around 2015, in relation to the operation of the D Agricultural Association Association, applied for a loan to the E Bank's Office, and Defendant B was found to have suffered an excessive loan compared to the security and credit of the said Agricultural Association Corporation, around 2016, during the E-Audit process, and E-bank took measures to recover loans such as an application for auction, seizure of account, etc. against Defendant A.
Accordingly, Defendant A was responsible for damages caused by wrong loans to Defendant B, and requested Defendant A to establish a payment guarantee for D agricultural partnership corporations.
1. On June 2017, the Defendants made a false statement to the effect that the Defendants met the victim G, who is a feed raw material distributor, at the coffee shop located in the Gunsan City F, and the Defendant A made a false statement to the victim that “I would pay the relevant amount on the last day of each month when the feed raw material is supplied on credit,” and Defendant B made a false statement to the effect that “I would pay the amount of credit if I would have been in the position of the head of E Bank H, and if I would not pay the amount of credit credit, I would be responsible for the payment of the amount of credit.”
However, as above, Defendant A was unable to operate a normal legal entity because he was subject to measures to recover loans from E Bank. Defendant B was in an economically difficult situation, such as the establishment of a right to collateral security, and the seizure of wages, etc., with respect to an apartment owned in excess of his obligation, and thus, the Defendants did not have any intent or ability to pay the amount even if he was supplied with feed raw materials on credit from the victim.
As above, the Defendants deceiving the victim and deceiving it from the victim, which is equivalent to KRW 3,594,591, around June 29, 2017.