Text
Defendant
A Imprisonment for six months, Defendant B shall be punished by imprisonment for ten months, and Defendant C shall be punished by a fine of 5,00,000.
Reasons
Punishment of the crime
[2015 Highest 2574] The Defendants conspired with each other to purchase a vehicle under the name of the Defendant A as the lending limit exceeds the lending limit in the name of “F” operated by Defendant B, and thus it is impossible to lend the vehicle.
However, in fact, Defendant A did not have the ability to repay the principal and interest even if the loan was granted because the additional loan was not sufficient to the extent that the additional loan was required, and Defendant A did not have the intent to immediately transfer the purchased vehicle to Defendant B. Therefore, even if the vehicle was to be extended in installments, Defendant A did not have the intent or ability to repay the principal and interest of the loan.
Nevertheless, on July 14, 2014, as instructed by Defendant B, Defendant A prepared and submitted a contract for installment loan of automobile in the name of Defendant A at G stores located in Yongsan-gu, Goyang-si around the following day, and was loaned KRW 30 million from the victim shot Capital Co., Ltd. as the fund for purchasing food vehicles.
As a result, the Defendants conspired to attract the victim and received 30 million won from the victim for the purpose of purchasing vehicles.
[2015 Highest 3528] Defendant B conspired with H to obtain a vehicle installment loan on September 2014, 2014, to purchase a vehicle with a vehicle installment loan, puts the credit rating on the vehicle, and obtain an additional loan from other financial institutions, and then obtain an additional loan from other financial institutions.
However, the Defendant and H did not have any intention or ability to pay the principal and interest of the loan even if the loan was received, since H did not have the ability to repay the principal and interest of the loan because it did not perform the business smoothly and it did not have the ability to repay the loan. Therefore, even if the loan was received by installment, the Defendant and H did not have any intention or ability to pay the principal and interest of the loan.
Nevertheless, H is under the name of H in the office of the "J" office of an installment financing company located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon around September 26, 2014.