(a) Fraud;

(b) Forgery of private documents;

(c) Exercising a falsified investigation document;

Residence

Reference domicile

2.(a)(c) .B, 1971, South and North, free of duty;

Residence

Reference domicile

Defendant A shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Defendant A shall be ordered to provide community service for 80 hours.

[Defendant B]

Defendant B shall be punished by imprisonment with prison labor for one year.

[200 Highest 5018]

The defendant B is a person with no certain occupation, and the defendant A is a relative of the defendant B.

1. The sole crime committed by the suspect in this B (the fabrication of private documents and the display of private investigation documents);

The Defendant forged a false rental contract stating the lessor and pro-friendly EA as the lessee at Yangsan-si, the owner of the C Building D, and tried to receive a loan from the lending company using the false rental contract.

Accordingly, on February 2017, the Defendant requested that the G Licensed Real Estate Agent Office located in Yangsan City F, the broker of the G real estate transaction to prepare a lease agreement with the former H as if he/she obtained consent from the former E, and that the Defendant had the lowest H voluntarily affix his/her seal in the name of the inside E, which was prepared in advance on the real estate lease agreement column, on the real estate deposit column, the term “land0 million won (60,00,000)” in the real estate lease agreement column, and on the lessor column, the lessor column stated “Y” as “Y” and “E” in the name of the former E, which was prepared in advance on the name of the inside E, and on the contract date.

In addition, on February 22, 2017, the Defendant filed an application for a loan against L Loans Co., Ltd. in the name of Dong-A, and sent the said real estate lease contract to L Loans Co., Ltd. through facsimile as if it was duly formed.

Accordingly, for the purpose of exercising, the Defendant forged, and exercised, one copy of the real estate lease contract under the name of AnE, a private document concerning rights and obligations.

2. The suspect B and the co-principal of the Defendant A [Fraud]

On February 22, 2017, Defendant B filed an application for a loan with Defendant LB Co., Ltd. in the name of Defendant LB, as described in the foregoing paragraph 1., and submitted a forged real estate lease agreement.

On the other hand, according to Defendant B’s request, Defendant A applied for a loan on the condition that he would transfer the deposit amount of KRW 10 million out of the deposit amount of KRW 60 million, as stated in the above real estate lease contract, to a person in charge of loan in the name of the victim LB, who was in contact to re-examine the application for the loan at the time.

However, the above real estate lease contract was forged, and the defendant A was merely a monthly tenant who paid KRW 300,000 per month without a deposit, and the defendants did not have the intent or ability to repay the above loan.

Nevertheless, the Defendants conspired, as seen above, by deceiving the LB loan side of the victim corporation, and acquired the loans of KRW 10 million through the MB bank account in the name of the Defendant Lee Dong on February 22, 2017, from February 22, 2017.

[20 Highest 5058]

On February 2017, the Defendants were able to deceive the lending company by deceiving the lessor by using a false lease contract with the following voluntary contents: (a) around February 2017, the dwelling where the Defendant had resided in monthly income without a deposit as the leased object; (b) the lease deposit is KRW 60 million; (c) the lessor is the owner of the above dwelling area; and (d) the lessee is the Defendant.

1. Defendants’ joint criminal conduct by fraud

At the end of February 22, 2017, the Defendants sent the above lease contract which was forged to the damaged company by using the forged lease contract. Defendant A applied for a loan of KRW 10 million on the condition that 60 million out of the deposit deposit is transferred to the victim, as stated in the above lease contract in the name of the EE, to the employees in charge of false information on the name of the victimized company.

However, the above lease contract was forged and the defendant A paid KRW 300,000 per month without a deposit. The defendant B did not have any particular income. The defendants applied for a loan to other loan companies using the above lease contract which was forged and the defendants did not have any intention or ability to pay the loan properly even if they received the loan from the victim.

Nevertheless, the Defendants conspired to induce the employees in charge of the victimized company to transfer the amount of KRW 10 million from the Mbank account (O) in the name of Defendant A around February 22, 2017 to the Mbank account (O) in the name of the victimized company.

2. Crimes committed by Defendant B on the display of a falsified document;

On February 2017, 2017, Defendant B requested that H, a broker at the G Licensed Real Estate Agent Office located in the Hasan City F, to make a false statement as if he obtained consent from the former wife and to prepare a lease contract under the name of the former wife. On February 22, 2017, Defendant B made the above lowest H H enter into a real estate lease contract under the name of the former agent, with the entry as follows: (a) in the real estate indication column of the land for the “real estate lease contract”, the term “B million won (60,00,000), “E” in the lessor column, “A” in the tenant column, “A” in the contract date, and “B” in the name of the former agent, and then arbitrarily affixed the seal of the former agent, and (b) in the name of the former agent, Defendant B entered into the lease contract under the name of the former agent, as if it were recorded in the foregoing paragraph (1).

Accordingly, the Defendant exercised one copy of the real estate lease contract under the name of AnE, a private document concerning the forged rights and obligations.

[200 Highest 5214]

Defendant A, on February 2017, who is residing in the monthly rent without a deposit, is the leased object of the C building D in Gyeyang City, as the leased object, as the deposit amount of the deposit amount of KRW 60,00,00,00,000, and by deceiving the lending company using the real estate lease contract which is forged as the owner of the above residential area, the lessor is the owner of the above residential area.

I thought that they would be able to drink.

Accordingly, on February 22, 2017, the Defendant sent forged pre-sale contract to PP loan Co., Ltd., and applied for a loan of KRW 10 million on the condition that he/she transfers 10 million out of pre-sale deposit to the victim.

However, the above lease contract was forged, and the defendant was merely a monthly tenant who paid KRW 300,000 per month without a deposit, and even if he applied for a loan from another loan company by using a forged lease contract, he did not have any intention or ability to repay the loan.

Around February 22, 2017, the Defendant, by deceiving the victim as such, received money from the victim to the Mbank account in the name of the Defendant, from the victim and acquired the money by fraud.

Summary of Evidence

(Omission)

Application of Statutes

1. Article applicable to criminal facts;

○ Defendant Lee In-A: Articles 347(1) and 30 of the Criminal Act (the point of joint fraud) and Article 347(1) of the Criminal Act (the point of fraud)

○ Defendant B: Article 231 of the Criminal Act (a point in the same Article of private documents), Articles 234 and 231 of the Criminal Act (a point in the event of an unlawful investigation document), Articles 347(1) and 30 of the Criminal Act (a point in the event of fraud)

1. Selection of punishment;

○ Defendants: Imprisonment with labor

1. Aggravation for concurrent crimes;

○ Defendants: former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Criminal Act

1. Suspension of execution;

○ Defendant Lee: Article 62(1) of the Criminal Act

1. Social service order;

○ Defendant Lee: Article 62-2 of the Criminal Act

Reasons for sentencing

[Defendant A]

1. Scope of applicable sentences under law: From one month to ten years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of Punishment] Fraudulent Crime: General Fraud [Type 1] below 100 million won

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment of 6 months to 1 year and 6 months;

3. Determination of sentence;

Considering the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case, the fact that the defendant is the first offender, the role and importance of the crime of this case are relatively small, the circumstances that the defendant did not agree with the victims are considered as disadvantageous to the defendant. Taking into account all the circumstances indicated in the records, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment as ordered within the scope of recommended sentencing guidelines

[Defendant B]

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to 15 years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) A primary crime;

[Determination of Punishment] Fraudulent Crime: General Fraud [Type 1] below 100 million won

[Special Aggravation] Aggravations: Cases where the Criminal Acceptance Act is very poor, or the court commits a fraudulent crime by deceiving the court in a trial procedure.

[Recommendation and Scope of Recommendation] Aggravation, Imprisonment with labor for one year to two years.

(b) Second offense (Uttering a falsified document);

[Determination of Punishment] Forgery, Alteration, etc. of Private Document (Type 1)

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, 6 months to 2 years of imprisonment

(c) A third offense (Forgery of private documents);

[Determination of Punishment] Forgery, Alteration, etc. of Private Document (Type 1)

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment from 6 months to 2 years

(d) Scope of recommendations according to the standards for handling multiple crimes: One year to four years (the upper limit of the first crime + the upper limit of the second crime + 1/2 of the upper limit of the third crime + 1/3 of the upper limit of the third crime);

3. Determination of sentence;

In light of the following circumstances: (a) the Defendant recognized the instant crime; (b) there is no criminal history of punishment exceeding the same power or fine for the Defendant; (c) the Defendant did not appear to have agreed with the victims or made efforts to recover from damage; (d) the Defendant’s weight or role in the instant crime is relatively high; and (e) the Defendant was extremely poor in the method or nature of the relevant crime by forging private documents; and (e) the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime; and (e) the Defendant’s punishment should be determined as ordered within the scope of recommended punishment based on the sentencing guidelines, comprehensively taking into account all the circumstances indicated in the records, such as the Defendant’