Text
Defendant
A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for ten months.
However, this judgment is delivered to Defendant A.
Reasons
Punishment of the crime
[Criminal Justice] On June 16, 2014, Defendant A was sentenced to a suspended sentence of two years for the purpose of fraud at the District Court for the last ten months, and the said judgment became final and conclusive on May 23, 2015.
[2014 Highest 2364] Defendant A is a representative director of F, a corporation that resells and sells waste vinyl and waste vinyl in Gyeonggi-si, and Defendant B is a director of F, a corporation with children of Defendant A.
The Defendants did not have the ability to repay the obligations through the management of the company because the company's sales have decreased in the amount of KRW 3.2 billion on June 2013, even though they had to repay the obligations to financial institutions, etc. around 3.2 billion.
On June 7, 2013, the Defendants: (a) drafted an application for a new theory with the content that the Defendants shall pay lease fees in equal amount to KRW 2,98,438 each month for the 48-month-type H 2013 H 2013 KW 350,000, the victim corporation, and (b) received the said car from the seller I at the “qent Ethical branch office” located in the 7th place of business in the Gyeonggi-Nam-gu Seoul Special Metropolitan City.
However, the Defendants, without the intention of holding an automobile, were delivered only by borrowing the automobile in the form of installment financing loan, and were willing to sell it and make a financing, and there was no intention or ability to pay rent.
As such, the Defendants conspired with each other to obtain a passenger car in the amount of KRW 140,700,000 from the victim and acquired it.
[2014 Highest 4458] Defendant B is a director of F Co., Ltd. who resells and sells waste vinyl and waste vinyl in Gyeonggi-si.
Defendant
B Around June 10, 2013, at the above company office, entered into a installment loan agreement with the J of the Esprinkgs Korea Co., Ltd. and the Defendant to purchase, with the payment of KRW 3,163,90 for 36 months each month, to have the payment of KRW 3,163,90 each month, and the victim set up a collateral security on the above vehicle under the victim’s name and thereafter 75,00.