beta
Text
Defendant
A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.
However, as to Defendant B, this shall not apply.
Reasons
Punishment of the crime
[Criminal Justice] On November 16, 2017, Defendant A was sentenced to four years of imprisonment for fraud, etc. at the Seoul Southern District Court, and the judgment became final and conclusive on March 15, 2018.
【Criminal Facts】
Defendant A is a person who is engaged in import vehicle trade brokerage and rental business, and Defendant B is a person who is engaged in metal refining business with the trade name of Co., Ltd.
Defendant
A needs to use an imported vehicle for the purpose of enhancing the re-investment of the company in order to attract investors to invest money in the business promoted by C, and the defendant B needed to use the imported vehicle for the purpose of enhancing the re-investment of the company.
On February 2 to 4, 2015, even if C receives a loan in the form of a lease contract or a secondhand collateral loan contract with a victim company, the Defendants conspired to acquire the loan by concluding a lease contract or loan contract even though it does not have the intent or ability to repay the lease fees or principal and interest every month.
1. The Defendants’ co-principal
A. On February 2015, Defendant A requested the victim D Co., Ltd. to allow Defendant B to pay rent monthly, and to enter into a lease contract under the name of C Nitter Co., Ltd. to manage the vehicle, and Defendant B consented thereto.
Accordingly, on February 25, 2015, Defendant B entered into a lease agreement with a victim’s employee who was introduced by Defendant A at the (ju) F Office located in Seocho-gu Seoul, Seocho-gu. The content was that C corporation operated by Defendant B was promising to pay KRW 867,504 per month for 60 months after receiving a loan of KRW 40,000,000 from the victim company.
In addition, Defendant A transferred the name of the above vehicle to the victim company so that the above lease contract can be concluded.
(b).