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Defendant
A shall be punished by imprisonment with prison labor for a year and two months.
Reasons
Punishment of the crime
1. The Defendants’ joint crime Defendant C entered into a contract to take over E Co., Ltd. located in Ulsanbuk-gu from F to KRW 750 million, using the name of “D”, and Defendant A worked as a internal director according to the direction of Defendant C.
Defendant
C did not have the ability to pay 750 million won of the acquisition price of E Co., Ltd. and did not operate the E Co., Ltd. after acquisition of the company, but was a plan to receive real estate security loans, etc. using the company name.
After purchasing a vehicle with a vehicle security loan using the name of E Co., Ltd., the Defendants conspired to raise funds, such as corporate acquisition price, using the difference between the loan and the actual purchase price, and the disposal price immediately after purchasing the vehicle.
Defendant
A around July 24, 2015, at E office located in Ulsan-gu, Ulsan-gu, Seoul-do, the E office held by H (State) I, (State) K and 2 K, etc. held by J, purchase under the name of E and on behalf of the victim NH capital Co., Ltd. (State) M of “a bus 134 million won per bus with a vehicle purchase fund, the loan interest is repaid over 60 months on the face of the State, and the vehicle is not disposed of at will, such as transfer, lease, etc. of the victim’s vehicle, without the victim’s consent until the installment payment is made.
2. The term “assumed.”
However, the Defendants did not have the intent or ability to repay the loan principal with the benefit accrued from the operation of the vehicle, as seen above, while the Defendants had the intent to lend funds, such as the acquisition price of the E company.
Ultimately, the Defendants conspired in collusion with the victim company, by deceiving the victim company, and then deceiving the victim company by receiving a total of KRW 134 million per vehicle from the victim company for the purpose of financing the purchase of the vehicle at around that time, and by deceiving the victim company by the same method with respect to the OMo UN buses owned N around July 27, 2015, and deceiving the victim company by deceiving the victim company by the same method.