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(영문) 전주지방법원 남원지원 2013.09.24 2013고단176
무고등
Text

Defendants shall be punished by imprisonment for six months.

However, with respect to Defendant A, it shall be for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B On May 31, 2011, the Jeonju District Court sentenced six months of imprisonment for a violation of the Game Industry Promotion Act, and completed the execution of the sentence in the Jeonju prison on November 27, 201.

1. The Defendants conspired to borrow money from Hyundai Capital Co., Ltd. in the name of Defendant A to obtain a loan from Hyundai Capital Co., Ltd., and to promptly dispose of the borrowed money, and committed the following crimes.

Defendant

B On May 7, 2012, in order to purchase from the employee in charge of E, A, in order to pay the purchase amount of KRW 24 million, from the J, Jinjin-gu, Seoul Special Metropolitan City Co., Ltd. on May 7, 2012, B entered into a loan agreement with the employee in charge of Hyundai Capital Co., Ltd and the employee in charge of Hyundai Capital Co., Ltd (A, who borrowed KRW 19 million from Hyundai Capital Co., Ltd., to repay the principal and interest of KRW 795,176 each month in 36-month division. Defendant A received a cell phone from the employee in charge of the victim company on the same day to confirm the intent to purchase the vehicle and to lend the vehicle, and the employee in charge provided a reply to the effect that “A is willing to purchase the vehicle by receiving money.”

However, the Defendants did not have any intention or ability to repay the above loans, since they planned to immediately dispose of the loans and make a loan to the Defendant even if they purchased the vehicles with the loans from the victim company.

As such, the Defendants deceiving the victim company and were transferred from the victim company 19 million won under the same day as the loans.

2. Defendant A’s sole criminal conduct, as seen above, had received money from Hyundai Capital Co., Ltd. and purchased heavy cars with intent to provide money in a way of immediately disposing of them, and Defendant A purchased Eydydydydydydydydydydydydydydydydydydydydydydydy from Hyundai Capital Co., Ltd. around May 7, 2012.

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