A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

Around March 2008, the Defendant conspiredd with a borrowed loan business entity with a name-free loan by using a false lease contract. Around that time, C used the above method, which is one’s own house, and was offered in sequence with the above lending business entity by collecting the borrowed loan from the above method, using D 401, Gangnam-gu, Seoul.

On March 22, 2008, the Defendant, along with C and the above lending business entity, entered into a false lease agreement entered into with C on the said house as “Leaser C, lessee A, deposit deposit 70 million won,” although the Defendant did not enter into a lease agreement with C on the said house, and the Defendant, on April 17, 2008, filed an application for a loan of KRW 40 million with the employee in charge of the loan at the victim Han Bank's station located in Gangnam-gu, Seoul, Seoul, for the loan of KRW 40 million, and then received KRW 40 million from the victim’s deposit account in the name of C around April 17, 2008.

Accordingly, the Defendant was given property by deceiving the victim in collusion with C and the above lending business entity as above.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol regarding C;

1. The loan transaction agreement (A), the loan lease agreement, and the detailed statement of the ordinary deposit transaction agreement;

1. Application of the Act and subordinate statutes (201st order 1441)

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommending punishment] systematic frauds of category 1 (less than KRW 100 million) (6-2 years and 6 months) (special mitigation) of the special mitigation area (special mitigation), passive participation in and simple inclusion in the crime by de facto pressure (decision of sentence] of the instant crime is a systematic fraud, and it is not very good that the instant crime is committed in light of the applicable applicable law or social risks.