Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

However, for the period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendant

A was a person who operated entertainment establishments in Gangnam-gu Seoul, and Defendant B was a person who managed the employees of Do and entertainment establishments in Gangnam-gu, and due to the difficulty in operating entertainment establishments around September 2013, which became necessary to provide funds. As such, Defendant A, the owner of Seongdong-gu Seoul, the Defendant, prepared a lease agreement on the lease of 101 Dong 602, Seongdong-gu, Seoul (hereinafter “the instant apartment”) to lease the F apartment to Defendant B by offering the claim for the return of the leased deposit money as security, and borrowed money from the victim Samsung Life Insurance Co., Ltd. in the name of the security deposit. After cancelling the existing right to collateral security established on the said real estate with the money, Defendant B did not have the right to collateral security on the apartment house and did not have any lessee, and Defendant A conspired to obtain a loan by providing this apartment to the new bank, etc. as security.

Accordingly, around August 13, 2013, the Defendants drafted a lease agreement stating that “A, the owner of the apartment building of this case, leases to B the deposit amount of KRW 400 million and the lease period from October 11, 2013 to October 11, 2015,” and Defendant B lends KRW 276 million to the employee in charge of the victim company at around October 1, 2013. The Defendants would pay interest during the loan period and repay the principal at the expiration of the lease period.”

A false statement stating that “The right to lease deposit amounting to KRW 400 million is to be created for the claim for the repayment of the right to lease deposit and the contract for the establishment of the right to pledge shall be prepared on October 7, 2013, and Defendant A shall explain to the victim company the fact that this loan contract was true and shall be returned to the victim company upon the expiration or cancellation of the future lease contract.” Defendant B shall be deemed to have received a false statement from the victim company’s employees who had conducted on-site inspection on October 18, 2013.”