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Defendant
A Imprisonment with prison labor for eight months, and for one year, each of the defendants B.
However, the two years each from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
"2015 Highest 839": Defendant C, A, and B
1. After purchasing a new vehicle through an installment contract, the Defendants purchased the new vehicle through the installment contract, and conspired to lend the vehicle by obtaining a loan from the borrower as security, and explain all the above circumstances to Defendant A-friendly B, and request the Defendant A to lend only the name of the loan since it is held responsible. On January 14, 2014, Defendant A entered into a new installment contract with the employees of Hyundai Capital Capital Co., Ltd., Ltd., Ltd., Ltd., which is linked to Jeju Capital Co., Ltd., Ltd. on January 14, 2014, with a false statement as if the purchase of the new vehicle and the normal operation of the vehicle would be made and the payment for the installment would be made normally.
However, in fact, the Defendants did not have the intent or ability to normally operate the vehicle or pay the installment amount in a normal manner on the ground that the Defendants provided the new vehicle as collateral and applied for installment financing loans in the name of B with the intent to obtain the loan from the lender, without the intention to hold it out after purchasing the new vehicle.
As such, the Defendants: (a) by deceiving the said D to have the victim Hyundai Capital Co., Ltd. pay KRW 34 million as an installment financing loan to a motor vehicle; and (b) obtained a vehicle delivery from the vehicle automatically; and (c) obtained pecuniary benefits equivalent to the same amount of money.
2. Defendant B
A. As stated in paragraph (1), the Defendant was well aware that C and A entered into an installment contract with Hyundai Capital Co., Ltd. under the name of the Defendant, even if purchasing a new vehicle, they would not normally operate the vehicle but receive a loan from the lender as security.
Nevertheless, upon request by A, the Defendant normally operates the new vehicle to the same D at the time and place specified in paragraph 1.