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Defendant shall be punished by imprisonment for a term of one year and four months.
Seized evidence Nos. 5 to 8 shall be confiscated from the defendant.
Reasons
Punishment of the crime
The defendant is a person who engages in construction machinery sales business under the name of F (G) corporation F (Representative Director G) in Gangnam-gu and Seoul, Gangnam-gu.
On August 201, the Defendant: (a) transferred three dump trucks registered under the name of Defendant I to the said H and then borrowed dump trucks equivalent to KRW 50 million from among them as collateral, to the said H, who wishes to borrow construction machinery as collateral in the vicinity of the Gyeonggi-do square (the Defendant was indicted for interfering with the exercise of rights on September 23, 2015; and (b) on November 3, 2015, in the support of the Southern District Court, the Defendant was sentenced to a suspended sentence of two years from the date of suspension of execution in November 3, 2015); and (c) intended to dispose of the dump trucks with the name of the said H as a dump truck.
1. Fraud;
A. On August 19, 2011, the Defendant, even if he/she received a loan from a lending company, the victims, as collateral, did not have the intent or ability to pay the principal amount properly. However, around August 19, 201, the Defendant pretended to have the employees in charge of loans belonging to the victim's capital stock company in the actual office located in the jurisdiction of the Gyeonggi-do, Seoul Special Metropolitan City, that he/she obtained a loan of 58,500,000 won from the victims, and acquired the loan from the victims by means of a mortgage of 58,50,000 won.
B. The Defendant, at the time, at the same time, and at the same place as above, obtained a mortgage of KRW 75 million in the value of the claim on one of the above construction machinery, and obtained a loan of KRW 75 million from the victim Ahump Capital.
(c)
The Defendant established a mortgage of 69 million won on one of the above construction machinery Mump trucks, which are the above construction machinery, at the time, at the same time, at a place, and at the same time, and obtained a loan of 69 million won from the victim's modern Mump social.
Accordingly, the defendant obtained a total of KRW 22.5 million loan through a total of three times and acquired it by fraud.
2. Interference with exercise of rights;
A. The defendant is the above H.