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

Punishment of the crime

On August 13, 2015, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution for fraud at the Incheon District Court on August 13, 2015, and the judgment was finalized on August 21, 2015.

B as a sales agent, a person who has led to the sale of the building in Namdong-gu Incheon Metropolitan City, and the defendant was the person who purchased the above lending D.

On September 9, 201, the Defendant, in collusion with B, prepared the sales price in the sales contract for the above loan No. 125,000,000 won equivalent to the market price at the fourth floor of the building C in Nam-gu Incheon Metropolitan City, in collusion with B, and made up the market price at KRW 190,00,00,00, and applied for a real estate mortgage loan by presenting the sale contract and the market price confirmation, etc., which was written to the F, an employee in charge of loans of the victim E association.

However, the Defendant did not have any money to purchase the above lending, and thus, the Defendant received the loan from the victim based on the market price installment contract and intended to pay the purchase price of the loan with the money, so even if he received the loan, he did not have the ability or intent to pay the money to the victim.

The Defendant, in collusion with B, by deceiving the victim as above, obtained a loan of KRW 125,00,000 from the victim and fraudulently acquired it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police and prosecutor's office concerning G;

1. Inspection of all registered matters, contracts for sale in lots, market price certificates, appraisal certificates, written agreement, and auction cases;

1. Previous convictions: Criminal history records, inquiry reports (suspect A indictments, indictments, and confirmation of judgment), and application of Acts and subordinate statutes of the Incheon District Court;

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

1. The reason for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Code dealing with concurrent crimes is that the defendant deceivings that real estate which is only KRW 125 million is only KRW 190 million and received a loan of KRW 125 million and submits a false written contract for sale in lots in the process.