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(영문) 의정부지방법원 2016.10.26 2016고단2114

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment with prison labor for ten months.

on the part of the defendant B.

Reasons

Punishment of the crime

Defendant

B On July 8, 2016, the Changwon District Court sentenced two years of suspension of execution to one year of imprisonment for fraud, and the judgment was finalized on the 16th day of the same month.

Defendant

A takes the role of a false tenant in obtaining a loan of a lease on a deposit basis by using a false certificate of employment, false lease contract, etc., Defendant B takes the role of a false lessor who prepares a lease contract with A, and the Defendants conspired to have the loan of a lease on a deposit basis by obtaining a false loan of a lease on a deposit basis from H, I and workers, which is a hub for a loan of a lease on a deposit basis.

Accordingly, on December 2014, Defendant B entrusted the status and seal of J, his mother, who is the first patroler, to I, and caused I to prepare a false lease contract as if he entered into an actual lease contract with Defendant A with respect to the housing “Y apartment 803, Changwon-si, Changwon-si, Changwon-si, K apartment 803” which was owned by J, and thereafter, Defendant B transferred to Defendant A a false lease contract. Defendant B, a loaner, around that time, had Defendant A establish a false employment certificate in the name of the representative M necessary for applying for a worker’s entire housing loan, and a written confirmation of income tax withholding to Defendant A in order to pretend that Defendant A is a worker.

Defendant

On December 5, 2014, A applied for a loan of KRW 100 million to an employee in charge of loan from the National Housing Fund at the Magsan branch of the Magpo-si, Changwon-si, Changwon-si, and submitted an application for a loan from the National Housing Fund and an application for a credit guarantee from the Korea Housing Finance Corporation with the aforementioned falsely prepared lease contract and documents attached thereto while acting as if he had worked in L and had worked in L in the same manner as the lease deposit, even though he had no intention to rent a house in accordance with the above lease contract and had worked in L.

Accordingly, the Defendants in collusion with H and I are from the above bank employees.