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The punishment of the accused shall be determined by one year and six months.
Reasons
Punishment of the crime
[Criminal Power] On September 13, 2018, the Defendant was sentenced to imprisonment with prison labor for six months for the crime of violating the Punishment of Tax Evaders Act in the Daegu District Court Port Support, and the said judgment became final and conclusive on September 21, 2018.
【Criminal Facts】
The Defendant is the actual operator of the LAB (hereinafter referred to as “B”).
On May 30, 2016, the Defendant made a false statement to the victim in the E office of the victim D's operation located in Suwon-si, Suwon-si, that “If the present factory is newly built, and the cost of new construction of the factory is lent KRW 200,000,000 per month after receiving the loan, the Defendant will receive the loan and pay interest of KRW 5,00,000 per month. The Defendant would also establish a collateral security right as to the F factory site in the name of Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul-si, and H Iho-gu, Chungcheongnam-si.”
However, even if the Defendant borrowed money from the victim, it was thought that he would use it for the payment of the goods price liability and the personal debt, and did not intend to use it for the new construction of the factory. Since the Defendant did not have been delegated by his wife G with the authority to establish the right to create the right to collateral on loan from the victim. The appraised value of the above factory site was approximately KRW 890 million, and the J bank established the right to collateral on March 4, 2016 with a maximum debt amount of KRW 720 million and KRW 170 million,000,000,000,000 for the maximum debt amount of KRW 50,000,000,000 for the above goods price and the personal debt, although the value of collateral remains remaining, it was considered that the Defendant had no intent to establish the collateral on the above goods price and the personal debt, and at the time, the Defendant was an individual rehabilitation application for the rehabilitation procedure, and there was no intent to pay the above amount of KRW 90,000,00,000 won and 300.
The defendant.