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(영문) 서울중앙지방법원 2017.01.19 2016고단8822

사기

Text

Defendant

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

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

On June 2014, the Defendants submitted the above documents to Defendant A, and confirmed whether the real estate lease agreement was actually concluded with Defendant B at a financial institution, together with D, E, etc., the loan broker D, etc., and the loan broker D, etc. was falsely prepared. Defendant B entered into an actual lease agreement with Defendant A, if the financial institution submitted the above documents to Defendant A and confirmed whether the agreement was actually concluded with Defendant B.

In a false manner, there was a conspiracy to receive the house lease fund in the name of Defendant B after receiving the house lease fund.

According to the above public offering, D et al. prepared a false real estate lease agreement with Defendant A on July 2014, 2014 for Defendant A, as if Defendant A was present at “F,” a false employment certificate, the four social insurance subscriber status certificate, the source of income tax collection confirmation, the payment specification, and the false lessor’s “G Gangseo-gu Seoul Metropolitan Government and 401” owned by Defendant B, who was the lessor, and provided a real estate lease agreement to Defendant A.

In addition, around July 4, 2014, Defendant A submitted an application for loan from the National Housing Fund as if he/she actually prepared a false certificate of employment, etc. to an employee in charge of the loan in his/her name at a branch office in Mapo-gu Seoul Metropolitan Government, one bank, as seen above, and submitted an application for loan from the National Housing Fund as if he/she actually used the loan as deposit. On July 7, 2014, Defendant B confirmed that the above branch employee entered into a lease contract with Defendant B by telephone, and Defendant B entered into an actual lease contract with the said employee.

A false statement was made.

However, the above certificate of employment was prepared falsely, and Defendant B did not enter into an actual lease contract with Defendant A, and Defendant A did not have the intent or ability to repay the loan after using it as a deposit fund even if the loan was received from the injured party.

Defendant

A shall belong to the injured party on 2014.