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Defendant
A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.
However, as to Defendant A, this shall not apply.
Reasons
Punishment of the crime
[Criminal Power] On August 14, 2013, Defendant B was sentenced to three years in Seoul High Court for a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.), and the said judgment became final and conclusive on August 22, 2013.
【Criminal Facts】
The Defendants purchased high-priced vehicles under the name of the Defendant A as a purchase of a motor vehicle and conspired to dispose of them immediately and divide them into sales proceeds even though they did not have any intention or ability to repay the installment loans even if they did not receive the installment loans due to the absence of any specific import.
1. On March 9, 2012, Defendant B received necessary documents to conclude an installment contract in the name of Defendant A from a non-place on March 9, 2013, and made and submitted a written application for vehicle installment as if Defendant B purchased a 5 car from the victim Hyundai Capital Co., Ltd. to the employee of Hyundai Capital Co., Ltd. using the said documents and borrowed 20,190,000 won per annum for 7.95% per annum and paid 534,130 won per month for 48 months.
As a result, the Defendants conspired to induce the victim as above, purchased 21,90,000 won from the victim, and sold it to E on the following day, and then divided the proceeds, and did not pay the victim a total of 24,082,832 won of the loan principal and interest, thereby acquiring the property interest of the equivalent amount.
2. On March 13, 2012, Defendant B, on March 13, 2013, made and submitted a written application for a vehicle to pay KRW 906,100 per month as if Defendant A purchased a vehicle from an employee of the victim F of the victim's filial Capital by using the aforementioned documents held by the F in Seongbuk-gu, Sung-gu, Sungnam-si, G, 201, and 40 million won per annum for 60 months, with the loan rate of KRW 12.8% per annum.
Accordingly, the Defendants conspired to induce the victim as above and receive 40 million won from the victim.