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Defendant
A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.
, however, from the date when this judgment has become final.
Reasons
Punishment of the crime
Defendant
B is a person who has been in charge of loan agency business while working as an employee in the corporation E which entered into a business agreement with the victim A Capital Co., Ltd., and the defendant A is a person who purchased cargo vehicles through the introduction of the defendant B and applied for installment loan to the victim company.
The Defendants conspired to obtain loans by submitting documents, such as an automobile transfer certificate with a higher amount than the actual purchase price, when purchasing cargo vehicles by using the fact that Defendant E, a stock company, working for Defendant B, has a partnership with the victim company with the installment loan business.
The Defendants conspired as above at the G office located in the F on September 24, 2012, and submitted to the victim company an application for a loan of KRW 2,353,910 each month from November 8, 2012 to 36 months, with relevant documents, such as a motor vehicle transfer certificate, stating as if Defendant A had agreed to purchase the purchase price at KRW 88,000,000, in the name of Defendant A’s wife H, with the introduction of Defendant B.
However, in fact, the above Switzerland is a vehicle which is unable to operate due to an accident, and the actual purchase price was 13 million won, and the monthly income was limited to about 2 million won without property, and the defendant A, on December 2012 after purchasing the vehicle, did not have the intent or ability to repay even if he obtained a loan from the victim company, such as disposing of the vehicle to another person in the purchase price of KRW 15 million.
As above, the Defendants conspired to deception the victim company and received KRW 68 million from the victim company to the Agricultural Cooperative Account in the name of the Co., Ltd. on September 24, 2012.
Summary of Evidence
1. Defendants’ respective legal statements: Defendant 1.