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Defendants shall be punished by imprisonment for six months.
However, with respect to Defendant A, for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 2014, the Defendants got out of money while running the off-line rental business E, Inc., E, a company, and raised funds by providing the said vehicle as security and receiving a lease of the said vehicle, as if the funds were insufficient, to operate the vehicle actually.
Accordingly, at around 16:00 on April 15, 2014, Defendant A made a “application for management lease” to the effect that “a person who is unable to know his name in Seocho-gu Seoul Metropolitan Government F will lease a motor vehicle for 36 months or longer,” and that “the applicant E, contract term, 36 months, each lease fee of 1,759,576 won, and all acts that infringe rights by providing a motor vehicle to a third party for the purpose of security, etc.” and issued it to the employees of the said victim.
However, in fact, the Defendants delivered a vehicle delivered through the lease to H and provided the said vehicle as security and did not think of the actual operation of the said vehicle. Since the Defendants were in arrears with approximately KRW 21,00,000 of national taxes at the time, the Defendants did not have any intent or ability to pay the rent even if they received the lease of the vehicle from the injured party.
The Defendants were issued one of the BMW car at the market price of KRW 63,600,00,000, which is an operating lease vehicle from the injured party, on the part of the injured party.
As a result, the Defendants conspired to attract the victim to receive the goods.
Summary of Evidence
1. The Defendants’ respective legal statements (as at the fifth public trial date)
1. Statement made by the witness I in the third public trial protocol;
1. A contract certificate, an application for a lease to operate a deposit in the BMW press press deposit type, and a motor vehicle registration certificate;
1. All certificates of registered matters, stockholders' list, certificates of contents, credit evaluation statement, and credit evaluation statement;