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1. Defendant A shall be punished by imprisonment with prison labor for one year and six months;
2. Defendant B shall be punished by imprisonment with prison labor for a period of ten months.
Reasons
Punishment of the crime
[criminal records] Defendant A was sentenced to six months of imprisonment for fraud at the Seoul Southern District Court on May 28, 2015, and the above judgment was finalized on November 20, 2015. On October 13, 2017, Defendant A was sentenced to two years of suspension of execution for ten months of imprisonment for fraud, and the above judgment was finalized on October 21, 2017, and Defendant B was sentenced to five months of suspension of execution for five months of imprisonment in the Sungnam branch of Suwon District Court on October 13, 2017, and the above judgment became final and conclusive on May 4, 2018.
[Criminal facts] 2016 Highest 931
1. Defendant A and B conspired to prepare a false lease agreement on real estate of Guro-gu Seoul, Guro-gu, Seoul, the former wife of Defendant A, and to obtain money from the victim F Bank as collateral and obtain money from the victim F Bank.
Defendant
A On July 2014, 2014, at D's house located in Guro-gu Seoul Metropolitan Government, D, “The operator of the factory intends to die from the real estate of the party,” written lease contract is prepared in G, where the money is insufficient, and it is paid as down payment by lending money as security.
After the end of the false statement, Defendant B was believed to purchase his own property.
D It was implicitly granted the authority to conclude a lease contract.
On September 17, 2014, when the lessor and Defendant B were the lessee, the Defendants drafted a false lease agreement with respect to the lease of a deposit amount of KRW 100 million among the real estate owned by D and filed an application for the lease of a deposit to the victim company with whom the name cannot be known at that time.
However, at the time, D knew that the Defendants were to raise funds to purchase D’s real estate and did not actually conclude a charter contract with Defendant B, and even though the Defendants were to have only KRW 10 million among the real estate owned by D, D’s entire charter deposit for G was merely KRW 10 million.