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Defendants shall be punished by imprisonment for four years.
Reasons
Criminal facts
[Defendant A] On January 22, 2016, the Seoul Central District Court sentenced Defendant A to the suspension of the execution of ten months of imprisonment with prison labor for the commission of an illegal act of securities, and the judgment on January 17, 2017 became final and conclusive.
【Criminal facts】 Around September 201, the Defendants conspired to receive large amounts of loans from the lending company on the security of real estate owned by the victims E, victim F, and victim G by deceiving the victims.
On September 201, Defendant B requested the victim E, the representative of H, and the other victims to provide that “The purchase agreement entered into under the name of H with the construction of the Chinese tobacco limited liability and the export agreement of 500 tons, USD 1,300,000,000,000,000 won, and the credit was issued on September 15, 201 (the date of shipment, September 30, 201) of the same month (the date of shipment, September 30, 201) of the same month.”
In addition, the Defendants found at the victim E's house located in Dobong-gu Seoul Metropolitan Government I on the 27th day of the same month, and the victim E obtained a loan from the lending company as security, and the time limit for the loan is imminent.
9. Revocation of the letter of credit 30. 30. If a new letter of credit is issued, a high profit can be paid if there is no problem in the shipment and export of 500 tons as the freezing 1300,000 tons of the shipment deadline, which is 0,000 dollars.
“False speech” was made.
However, even if the Defendants received the real estate from the victims as collateral and received the loan, they did not intend to use the real estate as the purchase fund by dividing half by installments, and did not have any intent or ability to use it as the purchase fund.
Accordingly, the victim E is a special contract for the supply of goods and a security that Defendant A supplies the whole quantity of exported goods to the victim E according to the export contract and provides the victims' real estate as security with the purchase price.