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(영문) 창원지방법원 마산지원 2017.03.22 2016고단1235
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 19, 2010, the Defendant was sentenced to four years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Changwon District Court on April 23, 2014, and the execution of the sentence was terminated at the Busan District Court on April 23, 2014. On January 11, 2017, the Defendant was sentenced to one year and six months of imprisonment with prison labor for special injury, etc. at the Changwon District Court, and the final judgment became final and conclusive on March 14, 2017.

1. On September 11, 2015, the Defendant, in breach of trust, established an enterprise called “D” in the name of “D” located in the Chang-si-si, Changwon-si, the Defendant borrowed KRW 135 million from the victim bank at the location of Changwon-si, Changwon-si, Changwon-si, 50 million from the victim bank at the location of Changwon-si, Changwon-si, Changwon-si, the Defendant had the duty to keep the equipment in custody so that the victim can achieve the purpose of the security by continuously occupying and using the equipment as a means of occupancy and alteration.

Nevertheless, around September 21, 2015, the Defendant transferred equipment (CNC Tring 2) under custody at the time in D to E Company F without the consent of the victim, and acquired the pecuniary profit equivalent to KRW 60,000,000,000, which was the purchase price.

2. On November 11, 2015, the Defendant drafted an agreement on the vehicle security loan, stating that “The Defendant would make equal repayment of principal and interest, including interest equivalent to 17.9% of principal and interest each month for 36 months from November 20, 2018, to the person in charge of the Defendant’s loan of the Bank of Ep Savings, Ep Savings Co., Ltd., Ltd., the victim, by lending KRW 15 million to the person in charge of the Defendant’s loan.”

However, in fact, the Defendant had a debt equivalent to KRW 250 million at the time, and there was no real estate or property under the name of the Defendant, and whether the Defendant was starting a business in excess of the loan ender that was loaned for the establishment of a new business.

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