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Defendant
A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of two years and six months.
However, as to Defendant A, the same shall apply.
Reasons
Punishment of the crime
around February 22, 2012, the Defendants concluded a loan agreement with the Defendants in Seo-gu Incheon Seo-gu to receive KRW 500 million from the victim CFFF Capital Co., Ltd., and provided 12 real estate and 12 kinds of machines, instruments, etc., such as Seo-gu Incheon, Seo-gu, Jung-gu, Incheon, JJ shopping district as security, and made the credit card sales claims of HH stations deposit into the card sales proceeds account in the Defendant’s name to the account in the Defendant’s name, and then automatically returned to the account in the Defendant’s name. On the two business days following the next two business days, the Defendants were to receive the automatic return. In the event of the change of the receipt and automatic remittance, withdrawal of the receipt of the credit card sales proceeds, loss of the benefit of time, and delayed payment of KRW 18,454,655, the Defendant provided it as security without returning it.
However, on November 24, 2011, the credit card sales claims had already been provided to K of a credit service company as a security for the immediate use of settlement services, and the above real estate and machinery and appliances have already been provided as a security and the value of the security remains not remaining.
Nevertheless, the Defendants, as the principal secured by the said H-owned station’s credit card sales claim is ordinarily offered as security, deceiving the victim and caused the victim to pay for the amount of KRW 126,00,000 to the other lending institutions, and received the remainder of KRW 374,00,000 from the victim.
As a result, the Defendants conspired in collusion and received property or pecuniary benefits equivalent to KRW 500,000,000 in total by deceiving the victim.
"2014 Highly 75"
1. From February 201, the Defendant, along with A, has operated a gas station located in Seo-gu Incheon Metropolitan City and a oil reservoir located in H in Seo-gu, Incheon. On February 201, the Defendant is the said gas station and oil reservoir to the COS Capital Co., Ltd. around February 2012.