Defendants shall be punished by imprisonment for ten months.

However, with respect to the defendant B, it shall be for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant was a person who works as a multi-party employee and was a seller in the process of purchasing a factory located in two parcels, such as the victim E Kimpo-si F, and the defendant B is a person who runs real estate brokerage business.

On July 2012, 2012, the victim respondeded to the loan of the purchase price of the above factory to the National Bank's salary point of the National Bank of Korea in order to get a loan of KRW 4.5 billion as security, but the victim asked the defendants about whether it is possible to get a loan of KRW 4.5 billion from the bank because it is necessary to obtain a loan of KRW 4.5 billion in order to purchase the above factory.

Accordingly, the Defendants stated that “When the Defendant’s wife operates in Kimpo-si, the Defendant would pay 3% of the loans to the victim, the Defendant would take out a loan of 4.5 billion won by negotiating with the Gungpo-si Branch of the National Bank Kimpo-si.”

The facts charged for the application for changes in indictment submitted by the prosecutor on November 18, 2014 are stated as "the false statement was made" and this part is also stated as the Defendants' deception. However, the evidence submitted by the prosecutor alone is insufficient to recognize that the Defendants had the intent of deception at the time of making the victim's statement to the same effect.

Since then, the Defendants conspired to obtain a loan of KRW 4 billion from the Korean bank Kimpo Jeju Jeju Jeju District, and the victim's I corporation office located in Seo-gu Incheon, Seo-gu, Incheon around July 30, 2012, the Defendants made a false statement that "I would additionally receive a loan of KRW 500 million to the bank employees, who would pay the loan brokerage fee of KRW 120 million to the bank employees."

However, as the defendants could not obtain a loan of 4 billion won or more from a financial institution as collateral of the above factory, the defendants did not have the intent or ability to allow the victims to obtain a loan of 4.5 billion won or more.