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(영문) 대전지방법원 2016.10.06 2016고단2328

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 21, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of fraud at the Daejeon District Court, and the judgment became final and conclusive on June 29, 2016.

The Defendant received a proposal from C, D, etc. to the effect that the examination of the employee loan and the collection procedure of the loan are not strict compared to other loans, and agreed to obtain and divide the loan from the former loan, and conspired with C, D, E, etc. to acquire the loan by deceiving the financial institution by taking charge of the false lessor's role.

On December 12, 2013, according to the above public offering, the Defendant, at the G Licensed Real Estate Agent Office, prepared a false lease contract stating that “The Defendant, in fact, did not intend to lease an officetel to E, the time limit for lease to E two years, and KRW 100,000,000,000, the time limit for lease to the lessee,” which is located in the Daedong-gu Seoul Special Metropolitan City F.

On the other hand, E received a false certificate of employment as if he had served in I around that time from C, etc., and applied for the loan of pre-tax to employees by submitting false documents, such as a false pre-tax agreement, a certificate of employment, etc., prepared by the employee in charge of the loan of the victim bank, at the location of the Seongbuk-gu Soft-gu, Mono-4, 133 on December 12, 2013.

Around December 19, 2013, the Defendant received KRW 70 million from the victim to the account in the name of the Defendant.

Accordingly, the defendant was delivered KRW 70 million by deceiving the victim in collusion with D, E, and C in sequence.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (a copy of indictment, etc.); - Indictment, statement of the police to J, copy of the lease contract;

1. A investigation report (a copy of a statement of transactions attached thereto);

1. Investigation report (Attachment of documents borrowed);

1. Investigation Report (C indictments and copies of suspect interrogation protocol attached) - C indictments and C, respectively.