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Defendants shall be punished by imprisonment for one year.
However, the defendant B is above two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
Defendant
A was a person who operated a restaurant under the trade name of “E” in Bupyeong-gu Seoul Metropolitan Government D, and Defendant B was an employee of the said restaurant.
In order to raise funds for the operation of the restaurant of Defendant A, the Defendants: (a) enticed the financial institution as if Defendant A rents 921-dong 811, F apartment in the name of Defendant B; (b) conspired to obtain a loan from a financial institution; and (c) made a false lease agreement with respect to the said apartment from November 13, 2015 to November 12, 2017, with the lease term of KRW 160,000,000,000 for the lease deposit from the financial institution, at the HA certified brokerage office located in Seocheon-si, Busan.
Defendant
On November 4, 2015, A applied for a loan of KRW 128,00,000,000 out of the deposit money, and submitted a false lease contract in the name of the Defendant, together with a false lease contract in the name of the Defendant, to the employees of the new bank located at the above branch of the new bank located at Dapo-ro 539, 539, Sinpo-ro, Mapo-ro, Mapo-ro, Mapo-ro, 539, and the name and interest of the new bank located at the above branch. In order to enter into the lease contract at KRW 160,000,000,000,000,000,000,000,000,000,000 won, out of the deposit money.
However, in fact, since the above apartment was actually residing in Defendant B, Defendant A did not have any intention to move into the above apartment, and the deposit was a false charter contract without paying the deposit, and even if the Defendants received money from the injured party, they attempted to use it as the funds for the operation of the restaurant of Defendant A, and did not intend to use it as the fund for the lease of money.
Nevertheless, on November 13, 2015, the Defendants were from the victim company to the Nonghyup Bank account (I) in the name of Defendant B under the pretext of a loan for lease on a deposit basis.