A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

2. The Defendant, who is an accomplice, acquired 68 million won from a victim who is a financial institution by means of lending the name of a real estate purchaser necessary for a loan to B, etc. with the knowledge that he/she intends to obtain a loan from a financial institution by using a false sales contract, etc. prepared by B, etc. as a real estate purchaser. The fact that the crime method is organized and interviewed, and the amount acquired by deception is not sufficient and is not taken measures for recovery from damage to the trial is disadvantageous to the Defendant.

However, considering all sentencing conditions in the records of the instant case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, etc., the sentence of the lower court against the Defendant is too unreasonable, because it is too unreasonable in light of the following: (a) the Defendant’s confession of the crime and is against the Defendant’s living in custody for a period of three months; (b) there is no record of the same kind of punishment exceeding the fine prior to the instant crime; and (c) the actual profit from the instant crime

3. The decision of the court below is reversed in accordance with Article 346(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime. Article 347 (Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution ( normal consideration in favor of the defendant in the front);

1. Social service order under Article 62-2 of the Criminal Act;