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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant was sentenced to six months of imprisonment with prison labor at Seoul Southern District Court on November 8, 2010 and completed the execution of the sentence on March 16, 201.
On January 1, 2012, the Defendant: (a) purchased apartment in Gyeyangsan-si under the name of the Defendant, and (b) provided the said apartment as security by hiding the fact that there is a person having a right to lease on a deposit basis; (c) received a proposal from the Defendant and accepted it.
In collusion with C on January 18, 2012, the Defendant: (a) purchased the above apartment house in the name of C, but at the same time purchased it in the name of C; and (b) provided D with a deposit of KRW 160 million to D; (c) there is no value of collateral; and (d) despite having no particular property or income, even if the Defendant borrowed money from the victim E and F through the loan brokerage company, he/she did not have the intent or ability to repay the loan, the Defendant, upon delegation from the victims, borrowed money to H in the G staff in charge of loan brokerage to provide H with the loan as a collateral for the I apartment 105, 703, 105, and 703 of the Seoul Special Metropolitan City, Yangnam-si. The apartment house is a mixed resident, and there is no other tenant, which is worth collateral; and (b) on January 19, 2012, it was transferred from the victims to one bank under the name of Defendant 1390,000 won.
Summary of Evidence
1. Defendant's legal statement;
1. Legal statement of the witness H;
1. Each prosecutor's protocol of examination of the accused;
1. Statement made to D by the police;
1. Details of inspection by transfer and household (Evidence No. 11 of the evidence list), a certified copy of resident registration, and a full certificate of registered matters;
1. An application for a loan, a loan transaction contract, a loan certificate, a respectively, a lease contract on a deposit basis, or an apartment lease contract;
1. Statement of replies to requests for details of financial transactions and details of savings deposit transactions (J:G loan brokerage);
1. Previous convictions in judgment: Criminal records, investigation reports (verification of the expiration date of punishment, etc.), and written judgments;