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Defendants shall be punished by imprisonment for six months.
except that the execution of each of the above penalties shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant
A On August 17, 2012, the Changwon District Court was sentenced to two years of imprisonment with prison labor for six months for fraud, and the judgment became final and conclusive on August 25, 2012, and Defendant B was sentenced to two years of suspension of execution with prison labor for one year at the Changwon District Court on January 24, 2013, and the judgment became final and conclusive on February 1, 2013.
Defendant
B In collusion with C and D, D received a loan from D as collateral and received a request for the loan from D, which would be 10 million won by the Defendant. Defendant B, based on the loan certificate of 300 million won by the debtor D and joint guarantor C, to set up a right to collateral (500 million won with the maximum debt amount) against the above land. Around January 31, 2011, by deceiving the above E to receive a loan up to 300 million won in the name of D, and then, at the Busan F judicial scrivener Office around January 31, 201, committed the crime of fraud that caused the above E to obtain a loan up to 50 million won with the maximum debt amount, debtor D, and mortgagee G, on the above land.
In order to avoid the crime, even though the amount paid by Defendant B to the above D was merely 100 million won, it would have been pretended that the amount equivalent to 200 million won was deposited into D’s account, and the amount equivalent to 100 million won was presumed to have been paid directly by Defendant B, but there was no direct payment of 100 million won amount to the above D.
1. When Defendant B was indicted on April 30, 2012 due to the said fraud case and the trial of the first instance was conducted at the Changwon District Court, in order to be exempted from punishment, Defendant B, on the ground that he was a witness of friendship A in order to be exempted from punishment, had the Defendant 94,00,000 won, excluding 6,000,000,000 won from the H distribution office of A, and had the Defendant go to D directly in cash.
On July 31, 2012, at the first 21:00, the Defendant appeared in the court as a witness for a case which is now pending in the court.