Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for one year.

Provided, That with respect to Defendant A, it shall be for three years.

Punishment of the crime

Defendant

B On December 2, 2019, the Seoul Western District Court sentenced ten months of imprisonment for fraud at the Seoul Western District Court, which became final and conclusive on February 7, 2020.

The Defendants, despite the absence of Defendant B’s actual intent to lease the Seodaemun-gu Seoul Western C Officetel No. D, the Defendant, who was his owner, set up a false lease agreement and the Defendant was willing to obtain a loan from a financial institution for the lease of the entire rent from a financial institution.

On April 12, 2016, the Defendants drafted a false real estate lease agreement with the lessor that the lessor leased the instant officetel D amounting to KRW 165 million to the lessee A at the office of the real estate agent of Seodaemun-gu Seoul and 1st floor F real estate agent.

Defendant

A around April 22, 2016, when applying for a loan for the household of the full-time loan at the injured G G Co., Ltd. agency located in Gangnam-gu Seoul, attached with the aforementioned false charter contract, and affiliated therewith was transferred from the victim to the H Bank account in the name of Defendant B (I).

As a result, the Defendants conspired to acquire 130 million won from the victim.

Summary of Evidence

1. Some statements in the suspect examination protocol of Defendant B by the prosecution

1. A complaint;

1. Investigation report (including card details, etc. to A of a Suspect);

1. Full certificate of registered matters, and certified copy of A resident registration card;

1. Application of a specification of transactions (No. 11 of the evidence list), application for loans and written agreements, contract for creation of pledge rights, lease contract for real estate (offices) and application of Acts and subordinate statutes for analysis of real estate by the Western District Court;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 347(1) and 30 of the Criminal Act;

1. Defendant B who handles concurrent crimes: The latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant A: Determination on the Defendants’ assertion under Article 62-2 of the Criminal Act

1. Defendants’ assertion

A. Defendant B is actually Defendant B.