beta
Text
Defendant
A Imprisonment with prison labor of one year and eight months, and Defendant B shall be punished by imprisonment with prison labor of six months.
provided that this ruling has become final and conclusive.
Reasons
Punishment of the crime
[2012 Highest 5450]
1. The Defendants’ co-principals received a loan from an installment financing company under the name of the Defendant A to obtain pecuniary benefits equivalent to the loan. Defendant B (one person “H”) sold the automobile purchased as above on the one-lane to sell it, and had the money divided into two parts.
On August 10, 2010, the Defendants purchased JMW 730Li car in the name of Defendant A from the Gangseo-gu Seoul Metropolitan Government I, and entered into an installment loan agreement on the condition that KRW 2,023,817 should be automatically transferred from Defendant A’s national bank account by borrowing KRW 49,90,000 from the victim Hyundai Capital Co., Ltd. at a 36-month rate.
However, in fact, even if Defendant A entered into an installment loan agreement for the said car in the name of Defendant A, the Defendants did not have the intent or ability to faithfully pay the installment loan, and Defendant B, on the same day, sold the said car to the person who is the “L chief” in the Seo-gu Incheon, Seo-gu, Incheon, for approximately KRW 25,000,000 and divided the money.
As a result, the Defendants conspired to deception the victim as above and acquired the pecuniary profit equivalent to KRW 49,900,000 from the victim as a loan for automobile purchase.
B. On November 25, 2010, the Defendants purchased MM7 car in the name of the Defendant at the office of business of Maosung Motor Vehicle Incheon, Cheongcheon-dong 376, Bupyeong-gu, Incheon, Cheongcheon-gu, and entered into an installment loan agreement with the Defendant on the condition that KRW 29,400,000 per month be loaned from the Defendant’s Social Services Korea Co., Ltd., Ltd., which was 72 months’ purchase price from the Defendant, transfer the KRW 49,830 per month from the Defendant’s National Bank Account.
However, in fact, even if the Defendants entered into an installment loan agreement for the said passenger car in the name of Defendant A, the said passenger car is replaced by the said passenger car.