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A defendant shall be punished by imprisonment for not less than one year and six months.
1,300,000 won shall be additionally collected from the defendant.
The additional collection charge shall be equivalent to the above additional collection charge.
Reasons
Punishment of the crime
"2015 Highest 6982"
1. The Defendant and D, E, F, and G co-principals, and the facts were: (a) although the Defendant did not have concluded and resided in the lease agreement with respect to No. 201, 1405, Jung-gu, Incheon, Bupyeong-gu, Incheon, which was owned in the name of H, one’s own her birth, the Defendant conspiredd with D, E, F, and G to use the loan for the loan of the lease fund as if the contract was concluded.
On February 17, 2012, the Defendant: (a) received down payment of KRW 12 million from F on February 17, 2012 with respect to the above apartment; (b) made a deposit contract and a receipt of down payment; (c) made an overall direction on the loan; and (d) made documents necessary for the loan, such as a certificate of employment, to D; and (c) requested G to make documents necessary for the loan, such as a certificate of employment in the name of F; and (d) made a certificate of employment and an income tax withholding receipt, etc. as if the F was a commercial employee of the Republic of Korea.
F, around March 26, 2012, when filing an application for a loan of the loan of the lease fund at the Solsan-dong Office of the Victim’s National Bank located in Bupyeong-gu, Incheon, Busan Metropolitan City, 311-151, and as such, as if the false document was duly prepared, the employee in charge submitted it to the J and the member was remitted from the victim to H’s account in the name of H on March 28, 2012.
Accordingly, the defendant, in collusion with D, deceivings the victim, and defrauds 60 million won from the victim for the purpose of the loan.
2. The Defendant and D, E,K, L, and G co-principals were unable to receive the money invested in D, and as such, D would receive the loan of the entire loan and receive the investment money. The fact is with D, E, K, L, and G to use the loan of the entire loan, even though D did not have entered into and resided in the lease contract with respect to M apartment 104, Gyeyang-gu Incheon, Incheon, K, and 601, which is owned by K. However, D would have entered into the lease contract and would have concluded the lease contract.