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Defendant
A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of eight months.
except that from the date of this judgment.
Reasons
Punishment of the crime
"2016 Highest 189"
1. On September 2015, Defendant A purchased dump truck two dump truck (J and K) with a victim I (34 hump truck) at the office of the KH in Busan Gangseo-gu, Busan on or around September 2015. If Defendant A purchases dump truck two dump truck with a loan, it would be resolved by the loan. The purchase fund would be resolved by a loan. If Defendant B purchases dump truck two dump truck with a loan (the sales agent of dump capital), it would be financed by KRW 300 million in the form of a loan against security.
If 300 million won is paid, the existing vehicle mortgage which had been established will be cancelled, and the name will be transferred to the victim.
“The phrase “ was false.”
However, in fact, Defendant A had already leased Jump trucks to a third party at the time of transferring the victim, and Defendant A was thought to use the purchase price received from the injured party to repay other debts, so even if receiving the purchase price, there was no intention or ability to transfer the name of the victim.
Defendant
A, as above, deceiving the victim and deceiving the victim on October 28, 2015, received KRW 29,4850,000 from the victim to the corporate bank account (M) in the name of the defendant for the purchase cost of two dump trucks on October 28, 2015.
2. Fraud of a loan;
A. On October 26, 2015, Defendant A calls from the victim I to make a full payment to the victim I, “ he/she is not a deposit by our company at present, and is not a deposit, with the loan of KRW 10 million to the victim I.
“The phrase “ was false.”
However, in fact, Defendant A did not have any intent or ability to repay money even if he borrowed money from the injured party because he had no property in excess of the debt, compared to the fact that Defendant A was liable for the debt equivalent to KRW 500,000,000, such as loans to savings banks at the time
Defendant
A, as above, deceiving the victim and deceiving the victim on October 26, 2015, by receiving KRW 10 million from the victim to the corporate bank account (N) in the name of the defendant under the name of the defendant.
B. Defendant A on October 30, 2015