"2019 Highest 816"

1. On July 13, 2013, in collusion with the Defendant and B, the Defendant and B made a real estate lease agreement with the Defendant and B on the “Secheon-gu Bupyeong-gu, Incheon.” The Defendant and B made a request for the brokerage of a lease contract by requesting a licensed real estate agent E who does not know of the fact as if they made a normal lease contract at the D office located in Bupyeong-gu, Incheon, Incheon, and requesting the brokerage of a lease contract to “B, lessee A, and the rental period from July 28, 2013 to July 27, 2015,” and offered it to the lender with a loan hub, and the Defendant offered it to the lender, and around July 18, 2013, at the same time, submitted the certificate of a false loan and a false certificate of a tax withholding contract to the Plaintiff and the Plaintiff’s H Bank Co., Ltd., Ltd., a loan-based loan-based loan-based loan-based loan-based loan-based loan-based loan-based loan brokerage company.

However, in fact, the Defendant and B, etc. were intended to receive a loan by deceiving the victim without entering into a lease agreement and divide it into loan brogate, and there was no intention or ability to fully repay the principal and interest of the loan due to bad financial standing.

On July 26, 2013, the Defendant and B received KRW 71 million from the victim to the J bank account in the name of the Defendant B (K) around July 26, 2013.

As a result, the defendant and B were provided property by deceiving the victim in collusion with the lender.

2. The defendant's sole criminal conduct;

A. On April 2013, the defrauded made a false statement to the effect that “The Defendant would make a repayment after one month if he/she lends five million won as he/she is in need of money in running an entertainment tavern business.”

However, at the time, the defendant is about 134 million won of cumulative liabilities due to failure of model helicopter sales business.