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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 of the final judgment.
Reasons
Punishment of the crime
The Defendant was the former owner of Eunpyeong-gu Seoul Metropolitan Government Housing from around 1990 to November 2014.
In collusion with D, on September 6, 2010, the Defendant made a false statement to the purport that “D residing on the first floor of the above house is residing free of charge due to A’s fraud,” in the process of filing an application for a loan with E, who is an employee in charge of the above credit cooperative’s loan on the security of the above house owned by the Defendant.”
However, in fact, since D's wife F had the opposing power to move-in a move-in report and receive a fixed date while residing as a lessee with D's KRW 100 million in the deposit for the lease on a deposit basis, even if the victim's safe offered the loan to the defendant as collateral, it was impossible to secure a senior security right on the value equivalent to F's deposit for the lease on a deposit basis.
As above, the Defendant, by deceiving the Victim E employee of the Victim’s Treasury, received KRW 40 million from the Victim’s Treasury to the Defendant’s account under the pretext of loans from the victim’s treasury, and by the same method until June 15, 201, received KRW 15 million in total three times as in the crime sight table, in the same manner as in June 15, 201.
Summary of Evidence
1. Partial statement of the defendant;
1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;
1. Entry of each part of the suspect interrogation protocol of the defendant, D, and E in the police interrogation protocol of the defendant and D;
1. The police statement concerning G;
1. Full certificate of registered matters, and details of perusal by household by address;
1. The certificate of lease ( September 3, 2010), the certificate of lease ( March 24, 2011), and the certificate of lease ( June 10, 201);
1. The loan transaction agreement;
1. A report on rights and a written application for demand for distribution, a real estate lease contract (Preparation on November 2, 2006), a written confirmation (A, F);
1. Application of Acts and subordinate statutes concerning resident registration (F, A);
1. Article 347(1) of the Criminal Act concerning the pertinent criminal facts as well as the choice of punishment;