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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Around November 2015, the Defendant: (a) received a loan from B in the name of AB, and (b) received a request from B to prepare an application for a loan instead of his father; (c) the Defendant conspired to obtain a loan in the name of B, his father, and (d) received a loan under B’s name.
Around November 2019, the Defendant, in collusion with B, entered the name of C in the loan-related documents, such as a credit transaction agreement, mortgage contract, etc., in the name of C in order to obtain a loan under the name of C in a car page in Seoul Newdong-dong, with his/her own seal affixed thereon, and B applied for a loan of KRW 490,000,000,000,000,000,000,000,000,000,000 from the victim E (hereinafter referred to as “victim bank”) office located in Sungnam-gu, Sungnam-gu, Seoul, Seoul, by submitting documents, such as C’s seal imprint, personal seal imprint, and resident registration copy.
However, there was no consent from the defendant or B to obtain a loan with the debtor C as security for the above apartment house, and there was no authority to provide the above apartment house to the victim bank as security.
The Defendant, in collusion with B, induced the victim bank, and caused the victim bank to pay KRW 452,00,000 to the H bank designated by B on November 6, 2015. On the same day, the Defendant received KRW 34,063,611 from the victim bank to the J bank account in the name of B used by B, and acquired KRW 486,063,61 in total.
Summary of Evidence
1. Of the suspect interrogation protocol of the defendant in relation to the defendant's partial statement in K's court statement, a copy of the police's statement explanation letter to K, a copy of the credit transaction agreement, a copy of the mortgage contract, a copy of the certificate of personal seal impression, a copy of a resident registration, and a driver's license.