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(영문) 수원지방법원 안양지원 2014.05.09 2013고단853
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Text

Defendant

A shall be punished by a fine of 5,00,000 won, by imprisonment of 1 year for Defendant B, and by imprisonment of 6 months for Defendant C.

Defendant .

Reasons

Punishment of the crime

Defendant

A is the owner of H building No. 201 (hereinafter referred to as the "real estate of this case"), and the defendant C works as a licensed real estate agent at the J Licensed Real Estate Agent's Office located in Sincheon-si I.

Defendant

B tried to purchase the instant real estate on June 2012, however, having no money to purchase the instant real estate, Defendant A and Defendant C responded to this by demanding that Defendant A and Defendant C receive a loan from a financial institution as a collateral for the claim for the return of deposit money for lease from the financial institution, and wishing to raise funds as above.

The Defendants, at the J&D office operated by Defendant C on June 11, 2012, concluded a false lease contract stating that the deposit for the lease on the instant real property is KRW 220 million, the down payment is KRW 22 million, the remainder KRW 198 million, the lease period is from June 15, 2012 to June 14, 2014, and the contract date is May 11, 2012. Defendant B, around June 11, 2012, filed an application for a loan by submitting the lease contract as if the above lease contract was a genuine lease contract, and Defendant C received a false deposit for the lease on the instant real property from an E&T savings bank as if the lease contract was issued from the former bank on June 14, 2012 to the former bank at KRW 100 million.

However, in fact, the above lease contract was prepared for the loan, and it was not concluded with the lease contract, so there was no claim for the refund of security deposit for the loan, and the defendant B would purchase the real estate with a separate loan.

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