A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On December 13, 2018, the Defendant was sentenced to imprisonment for two years and six months for fraud, etc. at the Gwangju High Court, which became final and conclusive on February 22, 2019.

【Criminal Facts】

On December 2, 2015, the Defendant submitted a real estate sales contract to D, in the office of the Victim C Association (hereinafter referred to as the “C Association”), who is in charge of lending, stating that “The Defendant entered into a sales contract with the seller F, the buyer, and the sales price of the nine-story E building in Macheon-si, with respect to the nine-story real estate, at KRW 450,000,000,000,000 won as the monthly rent of this real estate, and the deposit is KRW 3,00,000,000,000,00

However, at the time of this fact, the lessee's lease deposit for this real estate was KRW 1,50,000,000, but when submitting a real estate sales contract with the rental deposit of KRW 1,50,000,00, the lease deposit was prepared in a false manner as if it were the monthly rent of KRW 30,000 and KRW 1,50,000,000.

On December 24, 2015, the Defendant acquired a loan of KRW 240 million from a victim to a Cbank account (Account Number: G) in the name of the Defendant on December 24, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness H and D;

1. Some statements made in the police interrogation protocol regarding F;

1. The police statement of H;

1. A complaint, a copy of a loan transaction agreement, a copy of a real estate sales contract, a reference to loan transactions, a real estate appraisal statement, and a certified copy of the register;

1. Previous records of judgment: A inquiry report on criminal records, etc. and application of each statute of judgment;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Determination as to the assertion by the Defendant and his defense counsel under the latter part of Articles 37 and 39(1) of the Criminal Act handling concurrent crimes

1. At the time of borrowing the gist of the argument, the lease contract was anticipated to be terminated immediately (150 million won as security deposit) and thereafter, the monthly rent deposit.