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Defendants shall be punished by imprisonment for one year.
However, from the date of the final judgment of this case, each of the above two years against the Defendants.
Reasons
Punishment of the crime
[Criminal Records] Defendant A was sentenced to imprisonment with prison labor for a period of one year and six months from March 27, 2015, with prison labor for anless high-ranking teacher at the Suwon Friwon. The same year
4. 4. The judgment became final and conclusive.
[Specific criminal facts] Although Defendant A did not intend to reside as a lessee in Youngwon-gu 521 dong 1501 dong 1501 (hereinafter “the apartment of this case”), the Defendants conspired to acquire money by deceiving the victim Dongyang Life Insurance Co., Ltd. as if Defendant A would reside in the apartment of this case as lessee, thereby deceiving the victim Dongyang Life Insurance Co., Ltd. and receiving money from the victim.
Accordingly, around May 2013, Defendant B entered into a written lease agreement with the agent of the owner G of the instant apartment with the purport that “I would also succeed to the lease agreement while purchasing a pre-sale apartment if I entered into a pre-sale agreement with A prior to the registration of ownership transfer.” As such, Defendant B had H enter into the lease agreement with G and lessee with the lessor that read “I will also succeed to the lease agreement,” which read as “I will have the lessor enter into the lease agreement with the lessee 160,000,000 won for the instant apartment, deposit, and the lease period from May 27, 2013 to May 27, 2015.”
Defendant
A on May 21, 2013, at the victim's office located in Ansan-si, submitted a charter contract, etc. prepared as above to the employee in charge of the victim's loan, and applied for a charter loan as if the loan would be repaid normally at the due date, such as the loan agreement, after duly using the loan as a whole loan, and then the damaged person was issued KRW 128,00,000 as a loan for a charter loan.
As a result, the Defendants conspired to deceive the victim, thereby deceiving 128,000,000 won from the victim.
Summary of Evidence
1. The witness I’s legal statement (as to Defendant B)
1. Part of the witness A’s legal statement (defendant B)
1. Part of the prosecution examination protocol concerning the defendant B
1. Statement made by the police to J;
1. The loan transaction agreement;