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Defendant
A Imprisonment with prison labor for six months and for eight months, respectively.
provided that this ruling has become final and conclusive.
Reasons
Punishment of the crime
[Judgment of the court below] C and Defendant A are those who intend to build a ship, and Defendant B is those who operate a D agency and sell ship engines.
【Criminal Facts】
Since the lack of funds to purchase a fishery permit permit, which is a document for applying for a loan for shipbuilding in the E bank, the Defendants and C conspired to obtain a loan from the victim F Co., Ltd. as the purchase price for vessel engine, and to purchase the fishery permit from the above loan. On March 22, 2016, Defendant A entered into a loan agreement with the content of setting up a collateral security right on the vessel engine with a vessel engine purchased at KRW 150 million,00,000,000,000,000 for each 36 months after receiving a loan from the victim F Co., Ltd. as the purchase price for vessel engines.
However, in fact, the Defendants and C did not intend to purchase the vessel engine with the loans granted from the victims and did not have the intent to pay the monthly installments.
As a result, Defendants and C conspiredd with the victim and received a delivery of KRW 150 million around April 5, 2016 by deceiving the victim.
Summary of Evidence
1. Defendants’ respective legal statements
1. Examination protocol of suspect C by the prosecution (written two times);
1. The police statement concerning G;
1. A complaint filed by the F Stock Company;
1. Each investigation report (to be accompanied by documents to be submitted, such as telephone conversations for reference, file of a suspect A lending contract, submission of a certificate of fishery permission, submission of records of transactions of deposits and withdrawals by witnesses B, filing of application documents for fishery permission and fishery permission register with a suspect A, filing of filing of written applications for fishery permission with a criminal suspect
1. The application for a new car loan, an engine sales contract, a fishing vessel building permit, a certificate of a contract for a fish farming event, a monetary statement, and a disposable discrimination.