A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 2009, the Defendant: (a) reported a loan advertisement located in a daily information area to obtain a loan; (b) provided a telephone to the lending broker C; and (c) provided a false lease agreement with C and C to the effect that “The Defendant shall lease No. 207 Dong-dong 1501, North Korea-dong 1501, at the port of port owned by D; and (d) provided a loan agreement with the financial institution to divide the loan by receiving the loan for the loan.

On June 11, 2009, the Defendant: (a) stated in the lease agreement that “the Defendant leased the above apartment house owned by D with a deposit of KRW 30 million; (b) the lease period of two years; and (c) signed and sealed the said agreement; and (d) submitted the said agreement to the employee in charge of the loan of the Nonghyup-si branch office, Nonghyup-si; and (b) filed an application for the lease loan.

However, there is no fact that the Defendant entered into a lease contract with D, and there was no intention or ability to use the loan as a security deposit after obtaining a false lease contract from C.

As above, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim under the pretext of a loan for the entire loan on the 17th of the same month.

As a result, the Defendant conspired with C, by deceiving the victim, received KRW 20 million from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding D;

1. Copy of a protocol of suspect examination of police officer C;

1. A copy of lease contract, copy of loan transaction agreement, and application for approval for loan;

1. Application of the statutes on details of financial transactions, inquiry, and trading lists;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The suspension of execution is the participation in the systematic and planned fraud by taking advantage of the false charter contract for the reason of sentencing under Article 62(1) of the Criminal Act.