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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
1. The Defendant, in relation to the victim two capitals Co., Ltd., was offered a proposal that he would purchase the vehicle from two persons without the name of the victim to pay 70% of the installment payment on the face of the delivery of the vehicle, and then conspired with the above persons without the name of the victim to purchase the vehicle at a discount as if the Defendant actually purchased the vehicle and actually used the vehicle.
Around January 21, 2011, the Defendant presented a written contract to the employees of the victim two capitals Co., Ltd. to purchase two vehicles (total amounting to 50,760,000 won) equivalent to the market price of 25,380,000 won from the two capitals Co., Ltd. on October 24, 2010, and concluded the above agreement with the said employees, as if the Defendant actually purchased and held the said vehicle and paid the installment properly, the Defendant would have paid the said amount to KRW 44,60,000 per annum 11.5% interest per annum and paid the installment at KRW 48 months.
However, in fact, the Defendant applied for installment financing loans with the intention to lend funds to the type of installment financing loans only without the intention to purchase and hold them in the name of the Defendant, and even if at the time the Defendant purchased money from the victim due to the lack of certain income or assets, there was no intention or ability to repay the installment payments.
Nevertheless, the Defendant, in collusion with two persons who are in the above name misscept, by deceiving the victim as above, and allowing the victim to deposit 44,600,000 won in the account of the two selling companies of the above vehicle into the account of the two infrastructure Co., Ltd., which is the next selling company of the above vehicle.
2. The criminal defendant against the victim C is guilty.