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Defendant
A shall be punished by imprisonment for four months, by imprisonment for three months, and by a fine for 15,00,000 won, respectively.
Reasons
Punishment of the crime
[criminal records] Defendant A was sentenced to a suspended sentence of ten months of imprisonment with labor for fraud at the Incheon District Court on May 22, 2014, and the judgment was finalized on November 24, 2014. Defendant B was sentenced to a suspended sentence of two years on March 5, 2015, and the judgment became final and conclusive on December 12, 2014 on December 12, 2014.
[Criminal facts]
1. Defendant C’s sole criminal conduct
A. From July 2010, the Defendant committed the crime at issue, around July 2010, stated to the effect that “I shall set off the appraised amount of K, L, and land and buildings in Incheon, through an appraisal company with knowledge inside, and request the head of the team in charge of the Samsung Mutual Savings Bank to collect a loan of at least KRW 3 billion based on the appraisal report,” and that “I shall receive money and valuables from the post office account (Account Number (M) account in the name of the Defendant as a brokerage fee from I in order to receive a loan of at least KRW 10 million in return for a loan of at least KRW 3 billion.” At that time, the Defendant received money and valuables from an appraisal account in the name of the Defendant as a brokerage fee for a loan from I to a financial company’s officers and employees.
B. From April 201, the Defendant committed the crime at the office of the above JJ around April 201, the Defendant stated to the effect that “I, through an appraisal appraiser with whom he knows in the Republic of Korea, unfolded the appraised amount of nine parcels, etc. other than the Incheon reinforced military N, and requested the head of the branch office of the Han Bank to obtain a loan of KRW 2.15 million based on the appraisal report so that I bank may obtain a loan of KRW 20 million,000,000,000 in return.” On or around April 27, 2011, the Defendant received 10,000,000 won from I to a post office as stated in the preceding paragraph under the pretext of a loan brokerage fee from I and around May 3, 2011, with respect to money and valuables belonging to the duties of an executive officer and/or employee who received the same account of KRW 11,20,000,000 from a financial company.