Defendants shall be punished by imprisonment for six months.

Punishment of the crime

On April 16, 2013, the Defendants offered a loan to use used cars by obtaining a used car loan from the victim Hyundai Macks Social Co., Ltd., and prepared and submitted a false loan application in the name of the Defendant at the “partnership of Yeonsu-gu Incheon, Yeonsu-gu, Incheon, Yeonsu-do, Incheon, Inc., Ltd., Ltd., which will take 18-1, 506, as a partnership company of the victim company around April 16, 2013, in order to purchase the 4.5 tons of the purchase fund, and borrowed KRW 35 million from June 15, 2013 to May 15, 2017, and submitted a false loan application under the name of the Defendant.

However, the Defendants did not have the intention or ability to repay even if they were given a loan from the victim company, and there was no intention to purchase the truck with the loan.

The Defendants deceptioned the victims as above and acquired 35 million won from the victims to the Agricultural Cooperative (D) account in the name of Defendant A.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on loan application;

1. Relevant Articles of the Criminal Act and the Defendants’ choice of punishment concerning the facts constituting the crime: Articles 347(1) and 30 of the Criminal Act and the reasons for sentencing selection of imprisonment;

1. The scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] general fraud category 1 (less than KRW 100 million) and the basic area (not less than six months to one year and six months) (no special person);

2. Although the amount of damage to be sentenced is the maximum amount, the sentence is inevitable as the defendants failed to pay the remaining amount of damage, excluding the total amount of 3,96,463 won;

The defendants led to the crime of this case in depth and have not been punished for the same kind of crime, taking into account the age, character and conduct, the environment of the defendants, the motive and circumstances leading to the crime of this case, and the circumstances after the crime.