Defendant

The punishment against A shall be determined by imprisonment with prison labor for one year and four months, respectively.

, however, the defendant.

Punishment of the crime

[2016 Highest 1074] Defendant A, around March 2013, intended to commit a crime of fraud of lease deposit using a false lease contract with F and G. Defendant A, who established a comprehensive crime plan and instructed a lessor to file an application for a loan, F to prepare a lease contract and to file an actual application for a loan, and G to act as a false lessee.

Accordingly, on April 24, 2013, F and G submitted a false lease contract stating that “The lease contract was concluded between B and B, the owner of the J apartment No. 101, and the owner of the J apartment No. 1101 on May 8, 2013 to B, J apartment No. 101, J. 1101 on May 7, 2015, after completing the procedures for granting a moving-in report and the date of confirmation, F and G entered into the lease contract.”

However, in fact, Defendant A, F, and G submitted the above lease agreement formally and did not actually have resided in the above apartment. Since G was expected to return the loan from I immediately after the receipt of the transfer and consumed all the loan for personal purposes, even if they were to receive the loan, they did not have the intent or ability to repay the loan until the agreed date.

As such, Defendant A, in collusion with F and G, enticed an employee who could not know the name of the victim bank, and by deceiving him from his employee on May 6, 2013, Defendant A received KRW 80 million from the said apartment owner to the bank account in the name of the said apartment bank.

[2016 Highest 5756] Defendant A and Defendant B had no intention to rent or reside in, the apartment owned by Defendant H (Defendant A) No. 201-dong 201-dong 201, North-gu, Gwangju.