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Defendant
A and Defendant C shall be punished by imprisonment with labor for one year and eight months, by one year, by one year and two months, and by imprisonment with labor for Defendant D.
Reasons
Punishment of the crime
On October 29, 2013, the Defendant, at the second floor K Office of the J building in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, arrange for a loan of KRW 60 million for the purchase of MN Freight in the name of the PN Freight Co., Ltd., Ltd., a loan broker, to purchase cargo in the name of the PO and set up a collateral security right.
A false statement was made.
However, the fact does not have the intention or ability to purchase the cargo vehicle even if it receives the loan from the loan amounting to 80,000,000 won.
The Defendant, as above, by deceiving the victim and allowing the victim to borrow KRW 60 million from the HK Savings Bank from the victim company, and then, on October 30, 2013, transferred KRW 10.6 million to the new bank account in the name of P on October 30, 2013, and was transferred by the victim company in total six times as shown in the list of crimes in attached Table, such as receiving KRW 10.6 million from the new bank account in the name of P.
Defendant B, Defendant A, Defendant C, and Defendant D were sentenced to imprisonment with prison labor for a crime of fraud, etc. at the Incheon District Court on November 10, 2014 and dismissed on June 23, 2015, and the said judgment becomes final and conclusive.
1. The Defendants did not have any intent or ability to repay the loans in time, since they attempted to prevent the prompt return of the cargo without purchasing the cargo vehicle even if they received the loans from the victim Ath Capital Co., Ltd. under the pretext of purchasing the cargo vehicle, and thereby using the cargo in paying the debt.
Defendant
C A around January 2014, proposed that "A will receive money from D and obtain a loan from D in the future." The defendant D will be different from Do, and the defendant D will have purchased cargo cars urgently needed to purchase money from the R office located in Q Q B in the Seocho-do, Seocho-do on January 2014.
There is no problem by repaying the loan within one month of the week when the loan is received.