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1. The defendant A shall be punished by imprisonment for one year, and the defendant B shall be punished by a fine of 3,00,000 won.
2. Defendant B is the above fine.
Reasons
Punishment of the crime
Defendant
B On October 2, 2014, the Daegu District Court was sentenced to the suspension of the execution for six months of imprisonment for fraud at the Daegu District Court. On August 1, 2015, the decision became final and conclusive on August 1, 2015, and is currently under the suspension of the execution.
Defendant
A is the actual owner of "Seoul-gu Seoul-gu apartment No. 102 Dong 2002", and Defendant B is the truster of the above apartment.
Defendant
A prepared a false real estate lease agreement for the above apartment in the name of Defendant B with the intention to obtain a loan for the lease on a deposit basis, and Defendant B suggested that “A prepared a real estate lease agreement and offered that “A shall cancel the right to collateral security at KRW 213 million to the debtor who was established on the above real estate with the loan for the lease on a deposit basis, and Defendant B consented thereto.”
On April 25, 2014, the Defendants: (a) at the F Authorized Broker Office of Daegu-gu and 21 Dong 102 around April 25, 2014; (b) at the F Authorized Broker Office of 200 million, Defendant A paid the deposit equivalent to KRW 200 million to Defendant B; and (c) despite the absence of the fact that Defendant A entered into a lease contract, the Defendants: “D 102 2002 dong and 2002 dong and : 200 million : KRW 200 million: KRW 20 million, KRW 200 million: KRW 10 million: May 20, 2014; (c) on April 25, 2014; (d) on April 25, 2014; (d) prepared a false real estate lease contract with the contents of the object of the lease contract and the certificate of the authorized intermediary and agent; (d) obtained the documents that the above real estate lease contract had the opposing power between the lessor and the lessee.
In addition, at the office of the Dobong-gu Saemaul Undong-gu Saemaul Treasury's office, which is the victim's contribution 131 on May 22, 2014, Defendant A shows to the loan-in-charge the agreement of real estate lease made by fraudulent means as above, and Defendant A lends a loan under the name of the former third party.