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Defendant
A Imprisonment with prison labor for one year, and for one year and six months, respectively.
provided that this ruling has become final and conclusive.
Reasons
Punishment of the crime
[200 Highest 577]
1. The Defendants’ co-principald Defendant A is a person who is engaged in automobile financial products (loan) agency business under the trade name of “C”, and Defendant B is a person who engages in petroleum sales business.
Defendant
On December 6, 2018, A concluded an agreement between the victim E Co., Ltd. and C on the entrustment of business affairs related to the handling of automobile financial products, such as installment financing, lease, and debate, and concluded a contract between the victim E Co., Ltd. and C on the entrustment of business affairs related to the handling of automobile financial products such as installment financing, lease, and debate, but I would like to gather loans from the victim Co., Ltd. even though Defendant B did not intend to purchase the vehicle with the actual intent to purchase the vehicle.
According to the above mother, Defendant B consented to Defendant A to prepare an application for loan in his name with his certificate of personal seal impression, etc., and Defendant A made an employee in the name of Defendant B at his office located in the Nowon-gu Seoul Special Metropolitan City of Nowon-gu around March 7, 2019, and made Defendant B prepare an application for loan in the name of Defendant B, etc., Defendant B submitted the above application for loan to the victim company and filed an application for loan of KRW 43 million with Defendant B with the funds to purchase the vehicle moving from G MT moving. After that, Defendant B received telephone from an employee in the name of the victim company and stated that the above loan was true.
However, even if the Defendants received the loans from the victim company, they did not intend to use the loans for personal purposes, such as financing, and did not have any intent or ability to repay the loans.
Nevertheless, the Defendants deceiving the victim company as above and deceiving it from the victim company on March 7, 2019, extended loans from the HB bank account (Account Number I) in the name of C represented by Defendant A on March 7, 2019.