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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal records] On August 24, 2012, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Seoul Southern District Court, which became final and conclusive on the same day.
[2] While the Defendant attempted to obtain a loan from a financial institution, he/she was unable to obtain a normal loan due to the absence of a workplace and fixed income source, and as well as one name C, which was introduced through a branch, and conspired to obtain a loan from an employee under the name of the Defendant in a financial institution, and to use it in installments.
Around June 22, 2011, the Defendant filed an application for a loan of the pre-sale housing in the Gwangju-dong-gu Seoul Special Metropolitan City branch office, Han-gu, Seoul Special Metropolitan City, Han-gu, 122, with the Defendant’s name. The Defendant submitted the “real estate lease agreement” with the content that “The deposit amount of KRW 70 million is leased at KRW 808,000,000,000 for two years, and the “F’s certificate of employment” and the “certificate of benefit confirmation” with the content that the Defendant would normally work and receive benefits from February 25, 2011.
However, in fact, the Defendant did not have any idea to reside in the leased object. Upon receiving the loan of the said employee’s lease on a deposit basis, it was thought that it was used separately from the said C, and did not have any intention to use it as the deposit for lease. There was no fact that the Defendant worked in the said “F” or received any wage.
Accordingly, the Defendant conspiredd with the above C, and received a loan from the injured party on June 28, 201, from KRW 49 million.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A real estate lease contract, certificate of employment, and benefit certificate (A) and a statement of bank transactions (A);
1. In the investigation report (the process of deposit of suspect A's loan prior to tax year), investigation report (the process of deposit of such loan to the lessor's D account) and investigation report (the documents related to the loan of former tax year) 1.