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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[Criminal Power] On December 18, 2014, the Defendant was sentenced to imprisonment for five years and six months at the Daejeon District Court, and the judgment became final and conclusive on March 12, 2015.
【Criminal Facts】
The Defendant purchased truck vehicles, etc. necessary for the operation of the Company, while operating the Company B, and bears a large amount of debt to another person or a capital company, etc., and used a prompt name, the Defendant was unable to purchase the vehicle normally with the Defendant’s credit, and was able to purchase the vehicle on the ground of a third party.
On November 18, 2011, the Defendant: (a) purchased the E Freight (hereinafter “instant Freight”); (b) purchased the E Freight (hereinafter “instant Freight”); and (c) prepared and submitted a contract with F and G as if it is jointly and severally liable for the joint and several liability for the said payment, from the Defendant’s office located in the Gangnam-gu Seoul Station, Gangnam-gu, Seoul, through D through D D’s with the victim Company D’s 19.9% interest rate of 19.9% per annum; and (d) 60 million won per annum from the victim Company.
However, the facts indicate that the Defendant did not have the intent or ability to have the said D, F, and G liable for the installment payment to the victim company. At the time, the Defendant was unable to fulfill the obligations to other creditors, such as H, I, and J, and thus, there was no intention or ability to perform the obligation to pay the installment payment as promised to the victim company.
The Defendant, by deceiving the victim company, obtained a loan equivalent to KRW 60 million from the victim company to purchase the instant cargo vehicle, thereby acquiring pecuniary benefits equivalent to the said amount.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of police suspect regarding D;
1. The police statement of K;
1. An application for debate;
1. Details of the principal and interest of disposable discrimination received;
1. Automobile register;
1. Previous convictions: Criminal records, inquiry reports and criminal investigation reports shall be made against the suspect;