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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[Criminal Power] On August 14, 2014, the Defendant was sentenced to six months of imprisonment for fraud at the Busan District Court and one year of suspended execution, and the judgment became final and conclusive on August 22, 2014.
【Criminal Facts】
The Defendant, under the name of the nominal owner D and E, pretended to purchase the F apartment in order to obtain a loan from the bank and divided it, under the premise that D purchases the F apartment in order to sell it by proxy.
D The title holder planned and instructed “B” to apply for a loan, the Defendant’s role in soliciting “B” and “B” and “B”, as the Defendant’s proposal, as the name holder of “B”, and “B”, in line with D’s instructions, intended to contact the Defendant and G and deliver D’s instructions, and H, I, and J agreed to perform the role of delivering the withdrawal and delivery of the loan in accordance with the Defendant’s proposal.
On July 2013, the Defendant, along with D and E, prepared documents necessary for loans, such as a sales contract and a certificate of employment on G, and a certificate of income tax withholding, stating that Gman purchases F apartment 108 502 470 million won and 502 470 million won.
D and G, etc., submitted the documents prepared as above to the Defendant’s Ba-dong branch of the Victim’s Bank Co., Ltd. in July 2013, and drafted a loan application and a loan transaction agreement to the effect that the said apartment will be purchased and set up a collateral security by lending KRW 264 million to the Defendant’s Ba-dong branch of the Victim’s Bank.
Accordingly, on July 23, 2013, KF transferred 263,741,200 won of housing loans to the National Bank account (Account Number L) in the name of G, and 260,000 won of the loan was immediately divided into the I bank account (Account Number: M), H foreign exchange bank account (Account Number: N), and J's corporate bank account (Account Number:O) and then withdrawn it and delivered it to D, etc.
However, facts are G.