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Defendants shall be punished by imprisonment for six months.
However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.
Reasons
Punishment of the crime
The Defendants agreed to conduct a business with the trade name of “C” and purchased a vehicle in the name of Defendant A, and sold it and conspired to use it as a business fund.
The Defendants, around July 31, 2017, purchased a F car in the name of Defendant A at the E Gyeyang-gu Incheon Gyeyang-gu Eyang agency, and according to the records of the Victim G Co., Ltd., the fact that the trade name of the victim company is “G Co., Ltd.” is a clerical error, and thus, the Defendants correct it.
The loan of KRW 33,600,000 was agreed to pay KRW 990,512 each month for 36 months.
However, in fact, the Defendants did not have any particular property and did not have any profits from the above “C” and did not have any intent or ability to repay the amount normally even if they received a loan from the victim company, since the Defendants thought that they immediately sold the said car and used it as the personal debt repayment, etc. without the intent to operate it even if they purchased the said car.
Nevertheless, the Defendants conspired to induce the victim company as above, and thus, the Defendants received 33,60,000 won as a vehicle installment loan from the victim company on August 4, 2017, and acquired it by fraud.
Summary of Evidence
1. Defendants’ respective legal statements
1. A complaint;
1. Investigation reports (attached to comprehensive credit reports submitted by suspects);
1. Application of the current status of deposits in preparation for redemption, application for installment financing, written confirmation of details of transactions, and written confirmation of debt settlement;
1. Relevant Articles of the Criminal Act and the selective Defendants of the punishment: Articles 347 (1) and 30 of the Criminal Act;
1. Defendants on probation: Article 62(1) of the Criminal Act
1. Defendants of the community service order: The crime of this case with the reason of sentencing under Article 62-2 of the Criminal Act is that the Defendants conspired in collusion to acquire 33,60,000 won from the victim company, and the quality of the crime is not less than that of the crime.
Defendant
B is a crime of the same kind.