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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
C Directors and Defendant Co., Ltd., as employees of the above company C, concluded a false lease contract with the Defendant, as if they leased KRW 2.90 million of the lease deposit money (hereinafter “instant apartment”) of Dongjak-gu Seoul Metropolitan Government E Apartment-dong 701 (hereinafter “instant apartment”), which is one’s own possession, and suggested the Defendant to obtain a lease loan under the name of the Defendant by using the false lease contract, and also agreed to the Defendant.
Upon collusion with the Defendant on January 3, 2013, the instant apartment on January 3, 2013: (a) prepares a false real estate lease agreement stating that “The instant apartment in this case is leased to the Defendant for two years from February 14, 2013,” and the Defendant has the same year.
2. On the same day after the date of the false move-in report to the apartment of this case, C submitted a false real estate lease agreement as if the above real estate lease agreement was concluded genuinely, and C prepared a written consent for the establishment of the right of pledge against the claim to return the lease deposit in order to secure the loan to the employees of the above damaged company.
However, in fact, the above real estate lease agreement was false and there was no idea that the defendant leased the apartment of this case or resided therein, and C also did not think that the defendant would rent the apartment of this case, but it would receive and use the repayment claim of the lease deposit as security, under the pretext of the lease contract, as well as set up a collateral security right to the apartment of this case with the maximum amount of 396 million won as the amount of the claim was obtained from the UN Savings Bank Co., Ltd. as of February 14, 2013, which was borrowed from the damaged company, as of February 14, 2013. Accordingly, even if the damaged company's order was later higher than the collateral security right of the savings bank, C is hiding without notifying the damaged company of such important circumstances.