A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

C In order to raise investment funds in the overseas goods import business conducted by D, F, the owner of the building in Seongbuk-gu, Sungnam-si, and the defendant, the administrator of the above building, prepared a false lease contract with respect to 202 of the above building by obtaining a loan from the above building from this lease contract, and the defendant asked to pay the loan immediately, and the defendant solicited to obtain a loan by using a false lease contract with the above C's request.

On December 4, 2010, the Defendant, along with C, provided the real estate lease agreement with C, that the said building No. 202 was leased by C at the H real estate office located in Seocho-gu Seoul Metropolitan Government, and the Defendant provided the victim I, the credit service provider, as security, with the real estate lease agreement that C leased at KRW 75 million, and concluded that “If this real estate lease agreement is leased at KRW 35 million as security, the Defendant would pay interest of KRW 35 million per month.”

However, in fact, the defendant and C did not enter into a lease contract with respect to the above building 202, and the above real estate lease contract did not have value as a collateral because of a false lease contract.

Nevertheless, the Defendant, in collusion with C, by deceiving the victim as above, obtained KRW 3,1850,00 from the victim as a loan on December 6, 2010, and acquired it by fraud.

Summary of Evidence

1. Legal statement of a witness I;

1. Application of Acts and subordinate statutes on real estate lease contracts, copies of cashier's checks and standard loan transaction contracts;

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Reasons for sentencing [the scope of recommending sentence] under Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Act on the Suspension of Execution] (see, e.g., Supreme Court Decision 6-100 million won). There is no basic area (6-1 year and 6 months) [the special person] [the sentence] Defendant’s crime of this case.