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(영문) 대전지방법원 2020.05.14 2019고단4882

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Criminal Power] On September 1, 2009, the Defendant corrected the name of the crime in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Cheongju District Court based on the facts confirmed in the evidence record.

On August 13, 2010, when a person was sentenced to imprisonment with prison labor for one year and six months, he was released on August 13, 2010 and the parole period passed on November 13, 2010. On June 8, 2017, the Seoul Central District Court sentenced two years of probation to imprisonment with prison labor for night intrusion and larceny at night, and the judgment became final and conclusive on June 16, 2017.

On January 22, 2020, the Defendant was sentenced to a suspension of 6 months of imprisonment with prison labor at the Seoul Central District Court in the night building intrusion larceny, and the judgment became final and conclusive on January 30, 2020. However, night building intrusion larceny for which the judgment became final and conclusive on June 16, 2017 was committed after the date when the judgment became final and conclusive on June 16, 2017, and criminal facts in the judgment were committed prior to the date when the said judgment becomes final and conclusive on January 30, 2020, as criminal facts in the judgment were committed prior to the said judgment on night intrusion larceny for residence and larceny for which the judgment became final and conclusive, it constitutes a case where the judgment cannot be pronounced simultaneously with the criminal facts in the judgment.

【Criminal Facts】

The employee loan system guaranteed by the Korea Housing Finance Corporation is divided into “National Housing Fund loan” operated by six banks in the city and “financial resources loan operated by 17 banks in the city,” and the said Corporation guarantees 90% of the loans without securing them.

The Defendant and his name-based loan hub (hereinafter “the head of the office”), etc. were recruited by taking advantage of the fact that the loan examination and the collection procedure for the loan are not strict compared to other loans in the case of the above loan, making a false tenant under the pretext of a false tenant, and manipulating documents as if he were working in the company, to receive loans by deceiving banks and divide them according to their respective roles.

Accordingly, the defendant, the above loan hub is the defendant.