A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

Around July 2014, the Defendant, D, and E concluded a false lease contract on an apartment to be acquired by E in an irregular place in Gwangju (hereinafter referred to as "Seoul") under the name of the Defendant, and conspired to receive a lease loan from financial institutions, such as Samsung Bio-resources, and pay it in the purchase price of apartment.

Accordingly, the Defendant entered into a lease agreement with the owner G on the F apartment 103, 401, 103-dong 401 (hereinafter “instant apartment”) in Gwangju Northern-gu, and D planned to provide the Defendant with the minimum deposit required for the lease agreement, and planned the procedures for lending the lease fund. E planned to purchase the instant apartment from G to take over part of the purchase price in the name of the Defendant’s name.

After that, around July 10, 2014, D and E drafted an apartment lease agreement with the purport that “the seller’s G, buyer, E, sales price of KRW 215,00,000, and KRW 200,000,000, out of the sales price, succeed to the deposit against A” with respect to the apartment of this case at the I Authorized Agent Office located in Gwangju Northern-gu, Gwangju, and the apartment of this case.” At the same place on the same day, the Defendant and D respectively drafted an apartment lease agreement with the purport that “two years,” “the lessor, lessee, lease deposit of KRW 200,000,000, and two years,” at the same place on the same day.

On the same day, the Defendant and D applied for KRW 160,000,000 under the instant apartment lease contract to the victim Samsung Life Insurance Co., Ltd. at the point of Samsungnam Life Insurance Co., Ltd. 55-1 in the Dong-gu, Gwangju-gu, Gwangju-gu, for a transfer-in report, etc., and they actually agreed to move into the apartment of this case as a lessee and move-in report, etc.

However, the defendant, D, and E have prepared a false lease contract for the loan of the lease fund without considering the intention to rent the apartment of this case, and the defendant is the name of the lease contract.