Defendants shall be punished by imprisonment for six months.

However, for one year from the date this judgment became final and conclusive against the Defendants.

Punishment of the crime

Defendant

A on July 23, 2015, the Seoul Western District Court was sentenced to a suspended sentence of three years in one year and six months for fraud, and that judgment was finalized on July 31, 2015.

The Defendants established G, and around October 3, 2013, at the H company’s name, leased 100 million won (169,786,510 won: KRW 31,820,00, monthly rent: KRW 3886,00, and KRW 36 months: 36 months) to the victim J on the basis of the following: Defendant A transferred the 100 million loan to the victim J on April 9, 2014.

The Defendants failed to pay the rent from February 2014 due to the financial shortage of the above company, and Defendant B, the lessee, was urged by H company to demand the rent, and Defendant B, the lessee, stated that the Defendant “I would have been able to live significantly due to H company. I would have come down within the ceiling to resolve the vehicle by finding the vehicle, but did not find the vehicle during this framework.”

The Defendants, around June 16, 2014, colored the location of the said car for two hours from the astronomical city in which Defendant B had the office of the injured party on board the car, and eventually discovered the car parked in the 113-dong and northwest-gu K 113-dong in the Yananananan-gu, Seoan-gu, the injured party, and driven the said car by using the vehicle auxiliary heat that Defendant B had possessed in advance.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Defendant A’s legal statement

1. Part of Defendant B’s legal statement

1. A’s legal statement;

1. Statement of the police concerning L;

1. On-site CCTV closure photographs, etc.;

1. Previous convictions in the judgment: Criminal records, investigation reports (Submission of reference materials, attachment of judgment), Defendant B had no knowledge that Defendant A offered the instant passenger car to J as collateral and had the automobile as a lessee to return it to H company. Thus, Defendant B had the intention of larceny.