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A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On June 15, 2018, the Defendant was sentenced to imprisonment with prison labor for a violation of the Game Industry Promotion Act at the Seoul Northern District Court, etc., and the said judgment became final and conclusive on October 16, 2018.
【Criminal Facts】
On December 2017, the Defendant conspired with “B” on the so-called work loan so-called “B,” and intended to acquire a dump truck with a loan proceeds in the name of the Defendant and dispose of it to another person even if the Defendant establishes a right to collateral security, and to acquire a loan by deceiving the lending company as if he would purchase a dump truck normally and repay the loan, even if he was planned not to repay the loan.
On December 26, 2017, the Defendant stated that “Around December 26, 2017, the Defendant would repay the principal and interest of each month to the Defendant at the interest rate of 10.9% for a period of 60 months, by lending KRW 90,000,000 as the purchase price for 27 tons dump trucks (F) to the Defendant through E of D Co., Ltd., which concluded an entrustment contract for loan affairs with the victim C Co., Ltd. in the mutual kin in the vicinity
However, the Defendant did not have any particular income at the time, and was liable for approximately KRW 40 million, and there was no intention or ability to repay his/her obligations even if he/she received the loan as above, because he/she had to pay the attorney's fees of KRW 25 million.
The Defendant conspired with the above “B” and received KRW 90 million from the said Plaintiff through an account in the name of the said corporation D on December 26, 2017, under the pretext of loans related to the purchase of dump trucks.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. An interrogation protocol of the accused by the prosecution (a reply type once);
1. The police statement concerning G;
1. Complaints of C stock companies;
1. A report on investigation (Submission of evidential materials by a complainant);
1. Investigation report (to have telephone conversations for witnesses);
1. Investigative reports (Submission of a detailed statement of account transactions E;
1. The current status of deposits by contract, C.I.D.