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Defendant
A Imprisonment with prison labor for the crimes of Nos. 1, 3, 5, and 7 of the judgment of A, one year and six months, and one year for the crimes of No. 8 of the judgment.
Reasons
Punishment of the crime
Defendant
A was sentenced to two years of imprisonment for fraud, etc. at the Seoul Central District Court on January 7, 2011. On December 28, 2011, the Seoul Southern District Court sentenced two months of imprisonment for embezzlement. On April 12, 2011, the Seoul Southern District Court sentenced eight months of imprisonment for special larceny aiding and abetting, and completed the execution of the sentence on March 13, 201 at the Seoul Southern District Court.
Defendant A is a used car dealer, and Defendant B was a person who operated S Co., Ltd., a computer device dealer.
The Defendants, along with F, concluded a lease contract with respect to high-priced automobiles, motor boats, etc. using the name of the aforementioned S juristic person and received the lease contract with respect to high-priced automobiles, motor boats, etc., and disposed of the lease fee to another person by using the name of the said S juristic person without changing the name, as it is impossible for Defendant B to lend a bank loan due to the aggravation of the financial status of the said S juristic person, and rapidly needed the funds for the operation of the company. Therefore, even if acquiring the external vehicles, the Defendants, despite being aware of the lack of intent or ability to pay the lease fee, concluded a lease contract with respect
1. Defendants’ joint crimes
A. On February 21, 2014, the Defendants made a false statement that “The Defendant would purchase T motorboats in the name of the victim filial Capital Co., Ltd. in the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government, as a lease and pay rent of KRW 2,577,200 each month for 36 months.”
However, in fact, Defendant B suffered difficulties due to the lack of operating funds of the above S, and thus, Defendant B did not have the intention or ability to purchase leased cars and to pay rent normally, and disposed of them, and tried to use them in installments.
The Defendants, as such, deceiving the victim and deceiving him, are the victim and S. corporation.