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Defendants shall be punished by imprisonment for six months.
However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.
Reasons
Punishment of the crime
[Attachment] On August 8, 2013, Defendant A was sentenced to imprisonment with prison labor for fraud, etc. at the Seoul Eastern District Court on January 17, 2013 and the said judgment became final and conclusive on October 17, 2013.
Defendant
B On February 9, 2012, the Seoul Eastern District Court sentenced one year of suspended sentence to two years of imprisonment due to injury, etc. on February 20, 2012, which became final and conclusive on September 3, 2014, the Seoul Western District Court sentenced two years of suspended sentence to ten months of imprisonment due to special larceny, which became final and conclusive on September 12, 2014, and on December 18, 2014, the said judgment became final and conclusive on September 27, 2014.
【Criminal Facts】
The Defendants, around September 2009, had been engaged in the business of mediating the prompt-name passenger vehicles that did not go through legitimate procedures for the transfer of names with the victim F, and the victim was arrested in the police, and the victim was willing to search and dispose of the GMW vehicle that the victim requested maintenance to the automobile maintenance company.
Accordingly, around 14:00 on September 5, 2009, the Defendants stated to the effect that “The borrower of the GMW vehicle would recover the vehicle from E” from the car maintenance business chain I operated by the first floor E of the building located in Gangnam-gu Seoul Metropolitan Government H. The Defendants: “F has collected the vehicle on behalf of F.”
However, there was no consent from the victim that the Defendants would be able to dispose of the said BMW vehicle, and therefore there was no authority with respect to the said MFW vehicle.
As above, the Defendants deceptioned E and received the above BMW vehicle from E at the market price of KRW 36 million.
Summary of Evidence
1. The Defendants’ respective legal statements
1. Each legal statement of the witness F, E, and each legal statement of the witness A (limited to the defendant B) and B (limited to the defendant A);
1. Examination protocol of Defendant A’s suspect (including E and F’s each statement) by prosecution; examination protocol of partial suspect interrogation protocol of Defendant B by prosecution
1. Each police statement of E and F;
1. Criminal records: Each of them;