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(영문) 부산지방법원 2016.11.17 2016고단5776

사기등

Text

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

1. On August 30, 2013, the Defendant: (a) entered into a charter agreement with the Korea Land and Housing Corporation of KRW 55 million with respect to Seo-gu, Busan, Seo-gu, Busan, and 502; (b) made it difficult to obtain a loan as security; and (c) made it difficult to prepare a false charter agreement that lowers the deposit.

On February 8, 2014, the Defendant: (a) stated in the real estate indication column in the real estate lease contract form in Seo-gu, Busan, Seo-gu, Busan, 502, that “Sa million won (5,00,000)” and “Ya million won (5,00,000)” and “Ya million won” in the rent column; (b) stated in the lessee’s address column, “E” and “F” in the resident registration number column; (c) affixed the F’s seal on the resident registration number column; and (d) forged one copy of the real estate lease contract, which is a private document, without authority; and (d) drafted an application for a loan at the Busan, Seo-gu, Busan, Busan, Busan, on February 10, 2014, and used it to the loan manager as if the forged private document was duly formed.

2. On February 10, 2014, the Defendant: (a) filed an application for a loan with the said branch office as collateral Nos. 502, Seo-gu, Busan; and (b) notwithstanding the fact that a lease agreement was concluded on the ground of KRW 55 million as to the deposit for the deposit for the deposit for the deposit, the Defendant deceiving the person in charge of the loan of the damaged bank by submitting a forged lease agreement with the deposit amount of KRW 5 million; and (c) was granted 20 million from the affected bank as a loan.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and F;

1. Copy of each lease contract, credit transaction agreement, etc.;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 231 of the Criminal Act, the choice of criminal punishment, Articles 234 and 231 of the Criminal Act, Article 347(1) of the Criminal Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.