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(영문) 대구지방법원 2013.10.24 2013고단5047

사기

Text

Defendant

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

, however, the defendant.

Reasons

Punishment of the crime

[Criminal Justice] On December 13, 2012, Defendant A was sentenced to six months of imprisonment for a crime of fraud at the Daegu District Court on August 12, 2013 and the said judgment became final and conclusive on August 12, 2013.

【Criminal Facts】

Defendant

B A around January 2012, with the knowledge that Defendant A needs to obtain a loan, Defendant A sought a method of illegally receiving a “house leasing loan” from a financial institution through B, a broker F, and Defendant C continued to request Defendant C to provide a house necessary for the above house leasing loan, thereby obtaining Defendant C’s consent.

Accordingly, even if the Defendants and F were to obtain a loan from a financial institution in fact, even if they did not have the intention or ability to repay the loan, they were paid to Defendant A while working for the company normally. Defendant C and Defendant A were to have entered into a normal lease contract, and received a loan from the financial institution under the name of Defendant A from the financial institution, and then offered to divide the loan by the method of cancelling the said lease contract.

F around January 31, 2012, even though Defendant A did not have worked for the company (ju) located in Ma in Ma in Gyeongsung City, Defendant A created a false certificate of employment, income tax withholding certificate, etc. as if Defendant A had been paid while normally working for the above company, and delivered it to Defendant A. Defendant C and Defendant A prepared a false apartment lease agreement as if Defendant C were leased KRW 30,000,000,000,000 to Defendant C, while Defendant A was present at the J Licensed Real Estate Agent Office located in Nam-gu, Daegu-gu, Seoul, with Defendant B at the J Licensed Real Estate Agent Office, around February 1, 2012.

Defendant B continues to give a concrete explanation to Defendant A on the matters to be considered when applying for a loan of the house leasing loan, and Defendant A is a member of the Victim’s National Bank in Seo-gu, Daegu around February 3, 2012.