Text
Defendant
A Imprisonment with prison labor for eight months and for six months, respectively.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 2012, the Defendants pretended as Defendant A’s lease of 102-dong 2502-dong 102-dong 2502 of Bupyeong-gu Incheon, Bupyeong-gu, Incheon, which was owned by Defendant B, from a loan broker with which the name of Defendant B could not be known, the Defendants conspired to divide it into a loan broker with a loan from the financial institution and a loan from a broker with which the said name could not be known.
around May 21, 2012, the Defendants prepared a false employment certificate that Defendant A worked for the company “(state) M&D” from February 2012 and a false lease contract that Defendant A rents the above apartment from Defendant B, without having been working for the company “(state) M&D” in Bupyeong-gu Incheon, Bupyeong-gu, Incheon. At around that time, Defendant A submitted the name-based employee in charge of the victim’s bank operations Dong branch in Incheon, and filed an application for the loan of the former loan to Defendant A and then acquired the money from the injured party after deducting the deposit fee from the loan under the name of the former loan.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement made to I by the police;
1. A president of personal guarantee, application for loan, agreement on credit guarantee, apartment lease contract, certificate of employment, certificate of income tax collection, statement of account transaction;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 347 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;
1. Article 62 (1) of the Criminal Act for the suspension of execution;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order [the scope of recommended punishment] In a case where the aggravated area (one year to two years and six months) of category 1 (less than KRW 100 million) (one year to two years] [the special aggravated person] method of committing a crime is very poor [the decision of sentence] of the defendants.