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1. Defendant A shall be punished by imprisonment for six months.
However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[criminal record] Defendant A was sentenced to a suspended sentence of two years on July 20, 2016 to one year and three months for embezzlement, and the above judgment was finalized on July 28, 2016. Defendant B was sentenced to a suspended sentence of two years for a criminal offense at the Seoul Central District Court on February 3, 2010, and the above judgment was finalized on May 7, 2010.
[Criminal facts] The Defendants conspired to prepare a false real estate lease contract for the real estate owned by C, the father of the Defendant A, and then to receive money from the bond company as security.
Accordingly, around May 20, 2008, the Defendants prepared a real estate lease agreement with the purport that “A lessor shall lend all the two floors of F-house to B from May 20, 2008 to May 19, 2010.” Defendant B shall pay the above amount of KRW 80 million to B at the “H” loan office located in Gangseo-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, and Defendant B shall provide the above agreement of real estate lease with I who is an employee at the “H” loan office around May 28, 2008, and shall lend KRW 30,000,000 to B who is an employee of the said office with the interest rate of KRW 2.5% per month and the principal amount shall be paid from August 28, 2008, and the above amount shall be confirmed to be the leased contract amount of KRW 80,000,000.”
However, in fact, Defendant B did not have entered into a lease agreement with Defendant C on the housing owned by the above C, and the above lease agreement was made by stealing the name of his father in collusion with Defendant B, and the Defendants did not have any intent or ability to pay the principal and interest even if they received the above money from the injured party.
The Defendants conspired to induce I to induce and induce I as above and invested money in H’s lending business around May 28, 2008 from the victim J. 3.