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Defendants shall be punished by imprisonment for six months.
However, as to the Defendants for two years from the date of the final judgment of this case.
Reasons
Punishment of the crime
Defendant
B On April 9, 2015, the Jeju District Court sentenced two years to imprisonment with prison labor for habitual night buildings intrusion theft, and the judgment was finalized on April 13, 2015.
The Defendants, along with E, made a false statement to the effect that “I will pay the principal and interest on the loan of a vehicle as security” to a staff member in charge of H located in G at Jeju on March 27, 2014, where the name of the victim A Capital Co., Ltd. is not known, the Defendants made a false statement to the effect that “I will pay the principal and interest on the loan of a vehicle as security.”
However, even if the Defendants and E were to obtain a loan due to their own lack, they did not have the intent or ability to repay the principal and interest.
Ultimately, in collusion with E, the Defendants, by deceiving the above staff-in-charge as above, received KRW 14 million from the victim to the Agricultural Cooperative Account under the name of Defendant B (I) around March 28, 2014, by remittance from the victim.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement to J police officers;
1. Reporting on investigation (report on the B interview for Witnesses);
1. An application for debate, an misleading agreement, a detailed loan statement, the details of receipt of principal and interest of disposable discrimination, the register of automobile (A), the register of automobile (B), the results of transfer management, the agricultural cooperative data, the application for registration of transfer, the certificate of automobile transfer, and the certificate of automobile insurance
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of judgment) and Acts and subordinate statutes;
1. Relevant Articles 347(1) and 30 of the Criminal Act and the Defendants’ choice of punishment for criminal facts
1. Defendant B who handled concurrent crimes: The latter part of Article 37 and Article 39(1) of the Criminal Act;
1. The defendants of suspended execution: The amount of money that the defendants obtained by borrowing the money from the defendants for the reason of sentencing under Article 62(1) of the Criminal Act, each criminal record of the defendants, the degree of participation in the crime, and all the conditions of sentencing as shown in the records and arguments, including each age, character and conduct, environment, circumstances of the crime, means and consequence, etc.