Text
Defendant
A shall be punished by imprisonment with prison labor for three and a half years, and by imprisonment for three years, respectively.
Reasons
Punishment of the crime
[criminal record] On April 7, 2016, Defendant A was sentenced to four months of imprisonment for a crime of fraud at the Suwon Friwon, and the execution of the sentence was terminated on May 4, 2016.
[2] On December 21, 2015, Defendant A purchased the Dongjak-gu Seoul Metropolitan Government I and 102 Dong 302 (hereinafter “instant apartment”) from H in the amount of KRW 930,000,000,000,000,000,000 for the instant apartment, and obtained a loan of KRW 200,000,000 from the Seocho-gu Saemaul Bank, Daejeon, Seoul, with the maximum claim amount of KRW 26,00,000,000,000 for the instant apartment.
On the other hand, on September 16, 2015, the apartment of this case, the lessee K completed the move-in report on November 26, 2015 and resided in the apartment of this case with H, the deposit of which is KRW 780,000,000,000, and Defendant A succeeded to the said lessor status.
Defendant
At around May 2016, A, along with L, known by J, a branch office, sought a loan for the apartment of this case as a collateral, but it did not take a loan due to the existence of a lessee who has the right of preferential repayment of KRW 780 million deposit and senior collateral security. Upon introduction of Defendant B, a loan hub from L on July 2016, I discussed the method of loan with L and Defendant B by discussing the method of loan along with L and Defendant B, and by concealing the existence of the lessee who has the right of preferential repayment, and by making a false buyer obtain a loan related to the purchase fund of this case.
Accordingly, on July 27, 2016, Defendant B conspired with L and M with the false buyer, and the Defendants drafted a false sales contract stating that “Defendant A sells the instant apartment at KRW 950 million to M on July 11, 2016,” and the Defendants and M find at the N branch of the Victim’s National Bank, Inc. on the same day.