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Defendant
A Imprisonment with prison labor for one year, and for six months, each of the defendants B.
Reasons
Punishment of the crime
1. Defendant A’s fraud, along with E and F, made a false national technical qualification certificate, and applied for a installment loan to the capital capital company following the registration of a business operator as if the Defendant was engaged in construction business, purchased the digging machine with the loan, sold it to others immediately, and conspired to have the proceeds divided.
On September 5, 2016, the Defendant purchased digging machines (registration number G) at the office of Hyundai Heavy Equipment Sales Co., Ltd. in Seo-gu, Seo-gu, Gwangju, and applied for an installment loan under the name of the purchase fund with the content of “128,400,000 loan amount, and 60 months during total loan period,” with the content of “128,40,000,000 loan amount” as “for each month, the Defendant applied for an installment loan under the name of the purchase fund for construction machinery with the content of equal installment repayment
However, as the Defendant conspired with F, it was thought that the Defendant purchased the above installment loan with the above installment loan, and then sold the softener to others, and there was no intention or ability to repay the loan even if the Defendant did not have any specific occupation at the time and did not receive any money from the damaged party.
Nevertheless, the defendant deceivings the above employees as above, and he acquired the loans of KRW 128,242,934 from the victim company to the H account in the name of the defendant designated by the defendant.
2. On September 6, 2016, Defendant A, who interfered with the Defendants’ exercise of their rights, obtained a loan of the funds for purchasing sofacsing machines (G), set up a mortgage in an amount equivalent to KRW 128,40,000 with the value of the claim as the mortgagee for the Nong Dog Capital Co., Ltd., Inc., Ltd., the injured party, the mortgagee, and around that time, F considered Defendant B to have a new sofacing machine.
Accordingly, Defendant B is aware of the fact that the victim of the right to collateral security was to sell the so-called so-called "right to collateral security".