Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

However, this judgment is delivered against Defendant A.

On August 20, 2013, Defendant B was sentenced to imprisonment for eight months in the Seoul Western District Court for fraud, and the judgment became final and conclusive on January 21, 2014.

Criminal facts

Defendant

A is a representative director in the name of (ju)F established for the purpose of printing business, etc. in Seongdong-gu Seoul Metropolitan Government.

Defendant

B around August 2011, Defendant A entered Defendant A as the representative director in the name of (F) in the name of the said corporation, and the purchase of a vehicle with an installment loan in the name of the said corporation and proposed to sell the vehicle and pay the loan to the principal on the face. Upon receipt of such a proposal, Defendant A conspired to enter into a purchase contract for a vehicle and a loan contract for a vehicle in the name of the said corporation.

Accordingly, on August 29, 2011, Defendant A entered into a loan agreement with Hyundai Capital of the victim and received 48 million won in installments for 48 months, and received a delivery equivalent to the above amount.

However, the Defendants did not have the intent or ability to repay the loan even if they obtained the loan from the victim.

As such, the Defendants conspired to deception the victim and received 48 million won from the victim.

Summary of Evidence

1. The Defendants’ respective legal statements (the second trial records in the case of the Defendants B)

1. Each prosecutor's interrogation protocol against the Defendants

1. The police statement concerning G;

1. Copy of corporate register, application for loans for purchase of each motor vehicle, and the statement of claim;

1. Previous records of judgment: Criminal records and application of respective statutes of judgment;

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

1. Handling concurrent crimes (Defendant B) (latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter “Defendant A”), which is favorable to the following sentencing grounds, shall be considered as follows;

1. It is an intelligent planned crime that is the acquisition of installment loans for the purchase under a plan to earn profits from the sale of vehicles;