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1. The defendant A shall be punished by imprisonment for two years, by imprisonment for eight months, and by imprisonment for six months, respectively.
2...
Reasons
Punishment of the crime
[2016 Highest 1454] Defendant A, B, and B: (a) around December 2014, Defendant A prepared a false lease agreement with respect to J apartment 108 Dong 1901 owned by Defendant A; (b) submitted it to the bank; and (c) divided it into part of the lease deposit; and (c) Defendant A conspired to act as a false lessor; and (d) Defendant B conspired to act as a false lessee.
Accordingly, on January 9, 2015, Defendant A and B entered into a lease contract with the above apartment No. 1901 at the L Licensed Real Estate Agent Office located in Gwangju North-gu, Gwangju-gu, and Defendant B entered into a transfer contract with the victim Samsung Nam Life Insurance Co., Ltd., Ltd., which is located in Gwangju-ro 5 after completing the procedures for moving-in report and granting a fixed date, and submitted a false lease contract with Defendant B, the owner of the J apartment No. 108 Dong 1901, and Defendant B entered into a lease contract with the lessee B, the deposit amount of KRW 260,000,000, the lease term of which was from January 28, 2015 to January 28, 2017.
However, in fact, Defendant A and B only prepared and submitted the above lease agreement formally, but there was no plan for Defendant B to move into the above apartment, and the above loan was planned to be used to cancel the registration of establishment of the right to collateral security established on the above apartment with the full payment received by Defendant A, and thus, Defendant A had no intention or ability to repay the loan until the agreed date.
As such, Defendant A and B conspired, by deceiving an employee in charge of loan who is unable to know the name of the victim company, and acquired 200 million won from the employee to the above I's account on January 28, 2015.
[2016 Highest 2700] Defendant A, C, and C are false about October 2013, which are owned by Defendant A in the name of Defendant M, and about 108 Dong 401, Seo-gu, Seo-gu.