beta
(영문) 대구지방법원 서부지원 2019.05.15 2018고단2781 (1)

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

On January 27, 2016, at the branch of C Co., Ltd., a victimized company in Daegu-gu, Daegu-gu, filed an application for a housing loan of KRW 1.6% per month with an employee whose name is unknown, and on February 11, 2018, for a loan of KRW 150 million on condition of the expiration date of the loan period, the Defendants submitted a “rental lease agreement” as to the loan deposit amount amount of KRW 240,000,000,000 in the rental deposit column and the lessee’s deposit amount of KRW 240,000,000 in the lessee column and the lessor column as Defendant E.

However, in fact, Defendant E is obliged to pay the balance of the above F apartment, and there was a false lease contract in collusion with Defendant A, and there was a plan to use the loan fund from the victim company for the remainder of the above apartment, and there was no fact that Defendant A had resided in the above apartment.

From February 12, 2016, the Defendants deceptioned the damaged company and received KRW 150 million from the victimized company to the H Association account in the Defendant’s name.

Summary of Evidence

1. Each legal statement of the defendant and E;

1. Statement of the police officer to I;

1. Application of the Acts and subordinate statutes on the lending transaction amount, document establishing a pledge, and document establishing a deposit passbook transfer contract;

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The conditions for sentencing specified in the pleadings of the instant case, such as the Defendant’s age, character and behavior, environment, motive and background of the instant crime, means and consequence of the instant crime, and the circumstances after the crime, etc., are as follows: (a) the Defendant committed the instant crime on a planned basis; (b) the amount of damage incurred therefrom was not agreed upon with the victim; (c) the victim was committed; (d) the degree of participation is minor; and (e) E used most of the damaged amount; (d) the amount of damage was paid by E; and (e) the primary offender was the first offender.