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Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.
However, this judgment is delivered against Defendant B.
Reasons
Punishment of the crime
Defendant
A was sentenced to six months of imprisonment for fraud, etc. at the Seoul Eastern District Court on May 19, 201, and the execution of the above sentence was terminated on August 10, 201. On January 25, 2013, Defendant B was sentenced to eight months of imprisonment and two years of suspended execution on February 2, 2013.
E is the actual operator of F Co., Ltd. (hereinafter referred to as “F”), Defendant B is the representative director of G Co., Ltd. (hereinafter referred to as “G”), and Defendant A is a person in charge of the affairs of mediating and managing contracts by being employed as the employees of the aforementioned two companies.
1. On December 2, 201, Defendant A and E entered into an entry contract with the victim H and I Hyundai 14 tons of a special portrait truck (hereinafter “instant vehicle”) in the name of F with regard to Defendant A’s occupational breach of trust.
Defendant
A and E have duties not to provide the instant vehicle as a collateral without the consent of the victim, for the victim who is a land owner.
Nevertheless, Defendant A, in collusion with Party E on February 29, 2012, borrowed KRW 70,000,000 from modern money society in violation of the above duties, and established a mortgage on the instant vehicle with the mortgagee’s modern money, mortgager F, debtor J, and claim amounting to KRW 49,00,000,000 on the same amount, and the victim suffered the same property interest and damages equivalent to the same amount.
2. The Defendants, and E, at the G office located in the king-si on April 17, 2012, saying, “The Defendants would allow the victim K to perform the transportation work of the parts of the motor vehicle ordered by Boan-gu Co., Ltd. located in the Gyeongnam Kim, if you leave the instant motor vehicle. If you deposit an intermediate payment of KRW 50 million, they would allow the Defendants to perform the transportation work of the cargo from June 1, 2012.”
However, the vehicle of this case is described in Paragraph 1.