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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
"2014 High 61" is the owner of land owned by C or D and 16 family units constructed on the ground of permanent residence. On November 28, 2012, the Defendant entered into a loan agreement of KRW 500 million with the victim Pream Credit Union on November 28, 2012, and entered into a loan agreement of KRW 500 million with the victim Pream Credit Union on the 29th of the same month, and immediately after the loan of KRW 500 million is completed as security, the Defendant agreed to set up a first priority collateral security interest for the victims. The Defendant signed and affixed the Defendant’s signature and seal on the “Additional Mountainous mortgage agreement” for the same purpose, and then delivered it to the victims.
However, the defendant had no special revenue at the time and has a separate personal obligation of KRW 200,000,000. Accordingly, upon the completion of the loan, he was thought to use it as a personal loan from other persons as a collateral, and even if he received a loan from the victims, he did not have the intention or ability to set up a first priority mortgage for the loan as provided by the above promise.
The Defendant was transferred from the victims of November 29, 2012 the KRW 1 billion (each KRW 500 million).
Accordingly, the defendant was informed of the victims and received property equivalent to the above amount.
The Defendant is a livestock farmer who raises pigs in the trade name of “F farm” from the Yancheon-gun, Gyeongbuk-gun, and 17 livestock pens.
On September 12, 2012, the Defendant concluded a contract for a monetary loan for movable property transfer on the condition that the Defendant paid the Defendant’s debt of KRW 100 million from the victim Pampco Co., Ltd. to Ecogn, and provided the Defendant’s farm with feed on credit up to KRW 120,000,000,00 from the victim’s farm, to transfer the Defendant’s pigs 1,01 raised at the Defendant’s farm by means of possession revision to the victim company.
In such cases, transfer for security.