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A defendant shall be punished by imprisonment for one year.
However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
B (Co-defendants before the separation of pleadings) around January 8, 2014, around 2014, the apartment house of this case No. 206, 205, Busan Northern-gu, Busan, was transferred from D (Co-defendants prior to the separation of pleadings) and the defendant was pretended to rent the apartment house of this case, and the defendant was invited to receive loans from financial institutions and divide them into loans from financial institutions.
Around January 15, 2014, the Defendant and B prepared a false lease agreement as if the Defendant leased the instant apartment in the name of B while the Defendant did not intend to actually reside therein.
Defendant
On January 15, 2014, when submitting a lease contract made falsely to employees of the branch office of the victim Korean bank in Busan Dong-gu, Busan and applying for a loan of money to ordinary people, and the member in this case received KRW 98 million from the damaged person to the deposit account in B's name on January 24, 2014 as the loan of money for lease.
Accordingly, the defendant conspireds with B, etc. and acquired money by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of suspect B or D by the prosecution;
1. A criminal investigation report (suspect B account analysis report);
1. Application of the Act and subordinate statutes of the apartment charter contract (No. 2 of the evidence list), the entire certificate of registered matters (No. 4 of the evidence list), the loan transaction agreement (No. 17 of the evidence list);
1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. The recommended sentencing guidelines [the type of decision] type 1 (less than KRW 100 million) (the method and method of a crime are less than KRW 100 million) is irrelevant to the case where the method and method of a crime are closely planned in advance and the method of a crime are very poor, but the defendant is not led to the crime.