Defendant

A Imprisonment with prison labor for three years, for one year and six months, for Defendant D, for one year and two months, and for Defendant C.

Punishment of the crime

[2013 Highest 2153]

1. Defendant A decided to obtain the loan from a financial institution on the ground that the loan of the house leasing fund for ordinary people and workers who are operated by the Korea Housing Finance Corporation from the National Housing Fund as the financial resources of the State is made only by the document review without due diligence.

Defendant

A, as a tenant with respect to the above loan of the lease on a deposit basis, has overall control over all business affairs, such as lending name holders and lessors other than lessors, certificate of tenant's employment, certificate of income withholding, distribution of loan of the lease on a deposit basis, etc., and arrangement of V etc. play a role of avoiding the lessee. B, a licensed real estate agent, despite being aware of the above circumstances, plays a role of preparing a false lease contract, and W, a lessee, was to play a role of lending the name with knowledge of the above circumstances.

Defendant

A around May 2013, in the case of Pakistan-si X-owned Y apartment 101 dong 1803, around 2013, filed an application for a lease loan and obtained the loan by fraud.

Therefore, the arrangement of tenant is excluded from W, W agrees to the name of tenant and the preparation of a false lease contract as tenant, and B prepares a false lease contract.

W around May 2013, in AA of the operation of Z B in Gyeonggi-si, Gyeonggi-do, submitted documents related to pre-tax loan loans, such as false certificate of employment, account transaction details, lease contract, etc., as if the injured agricultural cooperative worked in AB, and then filed an application for pre-tax loan. From around May 22, 2013, the injured agricultural cooperative was transferred to the national bank account in X’s name amounting to KRW 120,000,000 from the injured agricultural cooperative.

In addition, Defendant A conspired with W, etc., and from July 26, 2012 to June 7, 2013, Defendant A loans totaling KRW 1,027,00,000 on 10 occasions as shown in attached Table 1, as shown in attached Table 1.