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Defendant
A shall be punished by imprisonment with prison labor for two years, by imprisonment with prison labor for two years, by imprisonment with prison labor for one year.
However, the defendant AO and AP.
Reasons
Punishment of the crime
【Defendant AP was sentenced to a suspended sentence of four months of imprisonment for fraud from the Daegu District Court on January 23, 2014, and the said judgment became final and conclusive on February 4, 2014.
【Criminal Facts】 Defendant A and AO are the persons who sell a new vehicle after obtaining an installment loan, and sell it immediately and lend funds. AU (the indictment for non-detention of support by Suwon District Court on August 30, 2013) is the substantial representative of AV, and AW (the indictment of prosecution of the Suwon District Court on August 30, 2013) is the representative of AV in the name of AV.
Defendant
A and AO proposed that AU and AW, which had been affected by the managerial crisis at the time of March 2012, obtained a installment loan under the name of Mana Company AV, and sold the new vehicle to the owner, and would allow AU and AW to use the purchase price for the fund for the operation of the company. By accepting AU and AW, AU and AW have gathered the following crimes.
1. On March 2012, Defendant AO, along with AU and AW, entered into a contract on the loan of automobile purchase funds with the victim Hyundai Social Co., Ltd. with the content that “The principal and interest are equally repaid every month for 72 months after obtaining a loan of KRW 191,90,000,000 to 13.5 tons truck of Hyundai Motor Vehicle AX Branch Business Department AY, Inc., Ltd., and the victim Hyundai Social Co., Ltd.” in the name of AV, with the content that “the principal and interest are equally repaid every month for 72 months” in a set-off shop near the Mapo Station.
However, at the time, AV, a company, was in arrears with approximately KRW 100 million for the rent of the building, and was faced with business difficulties, such as the debt of KRW 60 million to KRW 700,000, and the above Defendants, AU, and AW merely intended to make a loan by using the same as above, and did not have the intent or ability to pay the installment normally even if they received the loan.
Defendant
A, AO, AU, and AW shall require the victim to pay KRW 191,90,00.