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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
After the Defendant became aware of the so-called “work loan” business entity that received a loan from a financial institution by making false documents through site search, the Defendant conspiredd with C, D, etc., the above business entity, and the Defendant, even though the Defendant did not have concluded a pre-sale contract on the apartment owned by E, concluded the pre-sale contract and made a false pre-sale contract on the apartment as if the pre-sale deposit was paid, to obtain a loan from a financial institution as security.
On July 9, 2012, the Defendant conspiredd with C, D, etc., and submitted a false apartment lease contract prepared as if the Defendant had a deposit amount of KRW 200 million against F apartment 102 Dong 708, Seoul, Nowon-gu, to the employees in charge of loan of the above bank at the Newcheon Station of the National Bank in Songpa-gu, Seoul, Songpa-gu, Seoul, Seoul, stating that “The Defendant paid a deposit of KRW 200 million to the building owner and resides in the lease as a whole.”
However, the Defendant did not actually conclude the above lease contract, and the deposit was not paid, and even if the loan was executed, the Defendant did not have the intent or ability to pay the principal and interest normally.
The Defendant, in collusion with C, D, etc., by deceiving the said employee and obtaining the approval of the loan from the said employee, and transferred KRW 70 million, which is the ownership of the victim’s national bank, to the National Bank account opened in the name of the Defendant on July 11, 2012.
Summary of Evidence
1. Defendant's legal statement;
1. Application for a loan consultation, receipt, credit guarantee agreement, certificate of employment, application of the Acts and subordinate statutes on the lease of apartments;
1. Grounds for sentencing under Article 347(1) and Article 30 of the Criminal Act for the pertinent Article of the Criminal Act and for the choice of punishment [the scope of recommending punishment] general fraud (the amount less than 100 won).