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(영문) 부산지방법원 2019.05.08 2018고단5196

사기

Text

Defendant

A and C shall be punished by imprisonment for one year, and by imprisonment for ten months, respectively.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants, together with D, E, F, G, and H, purchased in the name of B of the I building at the time when they were to be used as the leased object of the deposit loan, around July 2018, and D of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F of F

On July 10, 2018, Defendant A submitted to the victim a false lease agreement that was made in the above manner at the victim La Bank's rooftop branch located in K on July 10, 2018. Defendant A continued to receive KRW 116 million from the victim who believed to have made a normal lease agreement to the account in the name of G on the 17th day of the same month.

Accordingly, the Defendants were provided property by deceiving the victim in collusion with D, E, F, G, and H.

Summary of Evidence

1. Legal statement of witness G;

1. Defendants’ partial statement

1. Each protocol of examination of the prosecution against the Defendants, and copies thereof;

1. A copy of the protocol of prosecutorial statement concerning G;

1. Each written statement of M, Defendant A, and C;

1. Investigation report (the No. 15, 33 of the evidence list);

1. Documents related to loans;

1. Application of statutes concerning the provision of financial transaction information;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

1. Article 62 (1) of the Criminal Act (Defendant B) of the suspended execution;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order (Defendant B), Article 59 of the Act on Probation, etc. [Scope of Recommendation] General Fraud (at least KRW 100,000, but less than KRW 500,00). The basic area (one to a year) (one-four years) [decision of sentence] is the instant crime.