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Defendant
A and B shall be punished by imprisonment for two years, and by imprisonment for six months, respectively.
Reasons
Punishment of the crime
Criminal Power
1. On April 2, 2014, Defendant A was sentenced to five years of imprisonment for fraud, etc. at the Daejeon District Court, and the judgment became final and conclusive on April 10, 2014.
2. On February 5, 2015, Defendant B was sentenced to imprisonment with prison labor for the crime of forging private documents at the Seoul Eastern District Court on May 8, 2015, and the judgment became final and conclusive on May 8, 2015.
Criminal facts
1. A around October 2010, Defendant A and Defendant B conspired to obtain a loan from the Bank of Dasan 2, a state-based savings bank as security with respect to forged payment guarantee regarding the gold mine development of YY-gun, Chungcheongnam-gun, Chungcheongnam-gun, the registration of the mining right of Defendant A around October 4, 2010.
After the Defendants conspiredd as above, on November 201, 201, Defendant A conspired to borrow a loan application amounting to KRW 7.6 billion from the victim (or the victim (or the victim) sidesan 2 Savings Bank office located in Seocheon-dong, Busan, Busan, to the victim's business personnel H, who is in charge of the victim's business, to “the request to submit a bank's payment guarantee certificate as security, to lend a loan amounting to KRW 7.6 billion at that time, and submitted it to the above H.
However, the Defendants did not have the ability to submit a letter of payment guarantee issued by the bank normally as a security for loans to the victims, and even if they were granted a loan from the victims, they did not have the ability to repay.
Nevertheless, the Defendants conspired to make a loan to the staff in charge of the victim, and attempted to obtain a loan of KRW 7.6 billion from the victim by providing a forged payment guarantee document as security, but the Defendants attempted to obtain a loan of KRW 5.6 billion from the victim. However, the victim, who became aware that two copies of the payment guarantee letter in the name of the new bank offered as security by the Defendants were forged, did not refuse the loan and did not receive the loan.
B. The Defendants conspired to forge private documents and display private document forgery as above, and Defendant B requested the “I” who was known to the general public and asked the “I” to do so on December 14, 2010.