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Defendant
A Imprisonment with prison labor for one year, and for six months, each of the defendants B.
However, between two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendants, despite being aware of the shortage of Defendant B’s ability to repay, received a installment loan from a financial institution under the name of Defendant B, and purchased a heavy vehicle, and Defendant A received the vehicle from Defendant B, and sold it to the so-called “large-scale vehicle” and conspired to divide the sales proceeds.
Defendant
B according to the above public offering, around May 9, 2014, the Defendant B applied for a loan of KRW 22,50,000,000 for the purchase of the first class for the second class E in his own name, one victim capital stock company at the residence of the Defendant B, which was located in No. 4 and No. 102.
However, in fact, Defendant B did not have the intent or ability to repay the principal and interest of the installment loan, and even if purchasing the said vehicle with the installment loan from the victimized company, it was thought that Defendant B immediately sold it to the so-called “Spool” without the intention to operate it.
The Defendants conspired to induce the victimized company as above and received KRW 22.5 million from the victimized company for the same day as the installment loan for the automobile.
2. Defendant A
A. On May 21, 2014, the Defendant, at the F agency located in Gwangju-gu, had the said B file an application for an installment loan of KRW 31 million with the victim Alsia Co., Ltd. in the name of the victim Alsia Co., Ltd. to purchase one vehicle for the use of SM7 passenger car in G in the name of B.
However, the Defendant was aware of the absence of the intent or ability to repay the principal and interest of the installment loan by the Defendant, and even if the Defendant obtained an installment loan from the victimized company and purchased the said vehicle, it was considered that he immediately sold it to the so-called “large-type vehicle” without the intention to operate it.
The Defendant, in collusion with B, by deceiving the damaged company as above, received KRW 31 million from the victimized company on the same day as the installment loan for a motor vehicle.
B. The Defendant in breach of trust is B.