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(영문) 서울중앙지방법원 2016.02.03 2014고단10226 (4)

사기

Text

Defendants shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. In the case of “banking financing loans,” the organization of lending frauds, and the public prosecution for fraudulent lending, other than the public prosecution, etc., were to lend money to the lessee by itself. However, since the Korea Housing Finance Corporation guarantees the amount of 80% of the above loans, it was taking advantage of the fact that the procedures for examining the loan and collecting the loan are not strict compared to other loans, it was intended to acquire the loan by deceiving the bank by deceiving the lessee who applies for the loan (the called “user”), the lessor who will conclude a false loan contract, and the lessor who would be able to obtain a disguised employment of the above loan applicant, and then to obtain the loan by deceiving the bank by deceiving the documents as if the false lessee actually concluded the loan contract and the lessor were to work for the company.

C As the total liability of the loan fraud group for the loan loan funds, C had the management staff of the corporation make false lessors, lessees, and loan-related documents, and E, other than the public prosecution that operated D, did not actually work for the company by the above lessee, provided the related documents as if the above lessee works for the company at a certain price, and provided them falsely. In the event of the loan, the tenant 40%, the lessor 10%, the pertinent corporation 5-10%, and the remainder was offered by C, etc.

2. Defendant B and Defendant F, even though the Defendant did not have actual intent to enter into a lease agreement and the Defendant did not have worked in Company D, the Defendant and the Defendant, at the H office located in Eunpyeong-gu Seoul Metropolitan Government on November 3, 2012, prepared a false lease agreement as if the Defendant entered into a lease agreement with respect to the house I located in Eunpyeong-gu Seoul, Seoul located in the H office located in Eunpyeong-gu Seoul Metropolitan Government around November 3, 2012, as if the Defendant entered into a lease agreement with KRW 100,00,000, and the Defendant applied for a loan of the entire loan at the branch of the Nonghyup FF branch around that time.