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Defendant
A shall be punished by imprisonment with prison labor for three months and by imprisonment for two months.
However, this decision is delivered to the Defendants.
Reasons
Punishment of the crime
Defendant
A was sentenced to six months of imprisonment for a crime of fraud at the Changwon District Court on June 10, 2016, and the judgment became final and conclusive on December 29, 2016. On April 6, 2017, the judgment was sentenced to six months of imprisonment for a crime of fraud at the same court on April 6, 2017 and became final and conclusive on May 1, 2017. Defendant B was sentenced to four months of imprisonment for a crime of fraud at the Changwon District Court on June 10, 2016, and was sentenced to two years of suspension of execution and decided on May 22, 2017. On April 6, 2017, the judgment became final and conclusive upon being sentenced to three months of imprisonment for a crime of fraud and one year of suspension of execution and sentenced to ten months of imprisonment for a crime of fraud at the same court on June 16, 2017.
Defendant
A is a person who manufactures machinery parts in Kimhae-si, who operates an industrial chain "D", and Defendant B is a person who operates the "F" of machinery parts manufacturing and processing business and machinery sales business in Seongbuk-gu, Changwon-si.
The Defendants, who pretended to purchase and sell machinery, concluded a sales contract with the above D office around October 29, 2013, stating that the Defendants would sell more than KRW 80,000,000,000,000,000,000,000,000 won, and Defendant A entered into a sales contract with the above CNC Line under the terms of KRW 48 months, deposit amount of KRW 24 million, monthly lease amount of KRW 1,416,917, on condition of KRW 1,417,000,000,000,000 won.
However, the first half of the CNC was owned by Defendant A who purchased a loan from the Industrial Bank of Korea around August 29, 2012. On August 29, 2012, the first half of the CNC was established with the maximum amount of the bonds KRW 250 million on August 29, 2012, and the second half of the BNC, with the right to collateral security, and thus there was no value of the collateral.
As above, on October 29, 2013, the Defendants conspired to induce the victim, and thereby, to lend 80 million won to the Defendant’s account under the name of Defendant B from the victim.