A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The defendant, along with Dong Dong Dong Dong-dong B, has falsely prepared a rental contract as if the defendant operated a restaurant, and has gathered that the defendant would receive a loan from the U.S. Small Finance C of an incorporated association.

Around October 16, 2012, the Defendant and B drafted a false real estate lease agreement and an additional agreement, as the Defendant operates an “E” restaurant in the following city: (a) at a place where the location below the following cities is unknown; (b) the Defendant and B entered into a false real estate lease agreement and an additional agreement.

around October 31, 2012, the Defendant submitted a forged real estate lease agreement, additional agreement, etc. to G, the representative of the victim sub-financial office in the U.S. C, a U.S., a U.S., a U.S., a U.S., the Defendant, as the Defendant had operated a restaurant, deceiving G as if he operated the restaurant, and was transferred KRW 5 million from the victim to the agricultural bank account of the Defendant on November 2, 2012.

Accordingly, the defendant, in collusion with B, was given property of the victim by deceiving G.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. Notice of approval for and payment of loans, letter of loan transaction agreement, real estate lease agreement, and additional agreement;

1. Business registration certificate;

1. Details of banking transactions;

1. Application of Acts and subordinate statutes to investigation report (B telephone conversations with the lessor) and investigation report (the telephone conversations with H);

1. The reason for sentencing under Article 347(1) and Article 30(1) of the Criminal Act regarding criminal facts and Articles 347(1) and 30(Selection of Imprisonment) of the Criminal Act [the scope of recommending punishment] where the aggravated area (1 to 2 years and 6 months) of category 1 (1 to 100 million won) of the Criminal Act (1 to 100 million won) is very poor, or where a criminal act committed a fraud by deceiving the court in the judicial proceedings [the decision of sentencing] where the defendant prepares a false document related to loans and obtains a loan is bad.

Although the loan has been partially repaid, the remaining principal is 44,669,218 won.

However, the defendant has lent the name of the loan at the request of B, and the loan is also extended.