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Defendants shall be punished by imprisonment for two years.
The application for compensation of this case is dismissed.
Reasons
Punishment of the crime
The Defendants B- Defendant B, who was sentenced to imprisonment with prison labor for six months at the Seoul Central District Court on October 21, 2015 and was sentenced to two years of suspension of execution for occupational embezzlement at the Seoul Central District Court on January 1, 2016, and is currently under suspension of execution as of January 1, 2016, is a secondary broker.
Defendant
A The Seocho-gu Seoul Metropolitan Government H building is a person who is working as a sear for a used-out vehicle in a company I (hereinafter referred to as "I") located on the fourth floor in the bureau of Seocho-gu.
G is a person who is the actual owner of the foregoing vehicle by taking over the vehicle from the victim LP70-4 J (hereinafter referred to as “instant vehicle”) one capital Co., Ltd. in the course of operation after taking over the vehicle from the victim, who is the owner of the said vehicle.
The Defendants knew that G was intending to dispose of the said vehicle, they had access to G as if they were sold the said vehicle and used the said vehicle as security.
On January 18, 2016, the Defendants made a false statement that “I,” “I,” the fiveth floor underground of the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government H Building, sold at the entire market of “I,” “I,” with the test fee of KRW 500 million.”
However, even if the Defendants received the above vehicle from G, they merely borrowed money from the vehicle as security and invested in shares, and did not have the intent or ability to sell the said vehicle.
The Defendants received the said vehicle from G as the victim’s owner.
The Defendant A knew that the instant vehicle is to be sold by G, and, in collusion with the Defendant, agreed to sell the said vehicle to G and to make a stock investment by lending money as security after receiving the said vehicle.
Accordingly, B introduces the defendant to the person who will sell the above vehicle to G, and the defendant will sell the vehicle to G.
In short, the vehicle is transferred from G by fraud, and the vehicle is borrowed 360 million won as security, and 300 million won.