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Defendants shall be punished by imprisonment for one year and two months.
However, the execution of each of the above penalties for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 1, 2012, the Defendants made a written lease agreement with G office located in F in Gwangju-si, with the content that Defendant B would lease H apartment (hereinafter “instant apartment”) No. 1207 Dong-dong 801 (hereinafter “instant apartment”) to Defendant B, and filed an application for a loan of KRW 136 million with the victim LIG Non-Life Insurance Co., Ltd. on November 5, 2012, and filed a written lease agreement with Defendant B on November 15, 2012, and filed a move-in report with the content that Defendant A occupied the instant apartment in accordance with the said lease agreement.
However, in fact, Defendant A did not have the intention or ability to rent and reside in the apartment of this case, and there was no fact that Defendant A moved in the apartment of this case.
On November 15, 2012, the Defendants received KRW 136 million from the victim company to Defendant B’s account under the name of Defendant B as a loan for the lease deposit, and divided it.
As a result, the Defendants conspired to attract the victim company to receive the goods.
Summary of Evidence
1. Defendants’ legal statement
1. Statement made to I by the police;
1. Application of Acts and subordinate statutes to a lease contract, a certified copy of real estate registry, a certified copy of resident registration, a certified copy of resident registration, a family registration, a family relation certificate, a detailed statement of transfer household inspection, loan counseling application, written consent for establishment of a pledge, certificate of right insurance, certificate of right insurance, occupant card, certificate of payment of loans, certified copy of an ex post facto registry, report on results
1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment;
1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommendations in the sentencing guidelines] - The basic area (one to four years) of the two types of general frauds (not less than 100 million won, but less than 500 million won) (one to four years), - No person who is subject to special sentencing: Decision of sentence]
1. Defendant A - The defendant recognized his mistake, and the defendant totaled KRW 68,50,000 to the victim under the pretext of interest, etc.