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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
【Criminal Power】 On September 1, 2017, the Defendant was sentenced to ten months of imprisonment with prison labor for fraud, etc. at the Incheon District Court, and two years of suspended execution, which became final and conclusive on September 9, 2017. On December 21, 2017, the Seoul Central District Court sentenced six months of imprisonment with prison labor for fraud, and two years of suspended execution, which became final and conclusive on December 29, 2017.
【Criminal Facts】
1. The Defendant committed a single fraud by purchasing a rental deposit and a real sale price difference between the lease deposit and the real sale price, under the name of Dongnam B, and by deceiving the loan by using it.
On November 19, 2014, the Defendant: (a) around Changdong, Dobong-gu Seoul Metropolitan Government; (b) around November 19, 2014, the Dobong-gu Seoul Metropolitan Government Building C building D, purchased under the name of the Defendant, was residing in the lessee E with a deposit of KRW 130 million; and (c) was aware of the same fact, the Defendant acquired money from the victim F to the G bank account (H) in the name of B.
2. The Defendant and I (hereinafter “Defendant et al.”) conspired with I to purchase lease deposit and an officetel in which the difference between lease deposit and actual sale price is small, and then prepare a false lease contract and use it to divide it into loans. The Defendant planned to commit a crime, planned to engage in a loan service provider, to color loan holders, and to forge a lease contract, and I conspired to play a role of forging and receiving a loan.
Defendant, etc. of forging Private Document without the consent of N of the lessee of the “Seoul-dong, Seoyang-gu and one parcel L Building and M,” purchased in the name of I on June 24, 2015, the Defendant, etc., using a computer in the form of the real estate lease contract for the object column “Seoul-dong, Seoyang-gu, Gyeonggi-do, Seoul-do, and one parcel L Building and M,” and “10 million won” in the deposit column and the 18th day of each month.