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(영문) 서울서부지방법원 2014.07.08 2014고단1181

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

After the Defendant became aware of the so-called “work loan” business entity that received a loan from a financial institution by making a false document through site search, and conspired with C, D, E, etc., the above business entity, and the Defendant concluded a lease contract for an apartment building owned by F and received a loan from a financial institution as if the Defendant concluded a lease contract for the above apartment building and paid the lease deposit, even though the Defendant did not have concluded a lease contract for the apartment building owned by F and received a loan from a financial institution as security.

On August 3, 2012, the Defendant, in collusion with C, D, E, etc., submitted a false real estate lease agreement that was prepared as if the Defendant had a deposit amount of KRW 210 million in respect of No. 112-dong 112-dong 304, Dongjak-gu Seoul Metropolitan Government, as if the Defendant had a deposit amount of KRW 210 million in respect of No. 112-dong 112-dong 112-dong 304, and entered into a transfer on a deposit basis with the building owner at the new bank station located in the Nowon-gu Seoul Metropolitan Government No. 300 million.

However, the Defendant did not actually conclude the above lease contract and did not have paid the lease deposit, and even if the loan was executed, the Defendant did not have the intent or ability to pay the principal and interest normally.

The Defendant, in collusion with C, D, E, etc., by deceiving the said employee and obtaining approval for the loan from the said employee, and received transfer of KRW 80 million, a holding of the new bank account established in the name of the Defendant on August 8, 2012, from the new bank account opened in the name of the said employee.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Loan transaction agreement, loan consultation and application form;

1. A certificate of withholding income tax on Class A earned income;

1. The certificate of employment and detailed statement of salary;

1. The lease contract for the apartment;

1. Application of Acts and subordinate statutes concerning specification of transactions;

1. Criminal facts;