A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

【Criminal Power】 On March 21, 2018, the Defendant was sentenced to six months of imprisonment with labor for a violation of the Punishment of Tax Evaders Act, etc. by the Incheon District Court on August 7, 2018.

【The facts of the crime”(C) or “D” recruited a person who will act as a false lessee as a total liability for loan fraud, and a person who will act as a false lessor. The lessee prepared false documents, such as certificate of employment, statement of salary, etc., for the lessee and the lessor, prepared a false house lease contract between the lessee and the lessor, and used the contract to obtain money for house lease from the financial institution. The Defendant planned to obtain money for house lease from the financial institution. According to B’s proposal, the Defendant planned to act as a false lessee and E to act as a false lessor in sequence.

The Defendant (Separate Detention. The Defendant was indicted to the Incheon District Court on January 29, 2020 and was currently under trial) and E (in collusion with the Seoul District Court on February 14, 2020 and the lessor is currently under trial). On April 15, 2016, E entered into a contract to make a subsequent payment for the remainder after purchasing the F Building G from the seller and paying the down payment. The Defendant and the lessor entered into a false lease contract specifying the deposit amount of KRW 280 million around April 15, 2016, and on April 29, 2016, the Defendant filed an application for a loan with the Sung-si Branch of the Victim HF Bank along with the aforementioned lease contract, the Defendant’s business registration certificate, income-related documents, etc., together with false evidentiary documents, and filed an application for a loan for the guarantee of the lease of the deposit.

However, in fact, the document evidencing the lessee's income was prepared for the purpose of lending, and the lease contract was prepared for the purpose of lending without the intention of the lessee and the lessor's contract or the tenant's residence. After the loan of the lease fund, the lessee has partially lost the right of the lessee and then additionally received the loan of the house security.