beta
(영문) 인천지방법원 2015.07.15 2014고단2922 (1)

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant, C, along with loan hub D, E, F, G, H, and brokerage assistant I, had been employed by using a false certificate of employment and a charter contract, and as if there exists a charter contract, Defendant and C had been able to get loans from the National Housing Fund, and had been used as financial resources of the National Housing Fund.

On March 31, 2011, through I, known through D, E, and F mediation, the Defendant completed a false lease contract as if the Defendant leased the building 215 dong 101, 80,000,000,000,000 won as a deposit, and then forged a certificate of employment and a certificate of income tax withholding for wage and salary income as if the Defendant was a member of the (ju), G known through the same route, H, and H.

On April 4, 2011, the Defendant submitted a false charter contract, a false charter contract, a certificate of employment in the name of Doelel, and a certificate of income tax withholding on wage and salary income to an employee in charge of loan at the same branch of Han Bank sub-dong, Bupyeong-gu, Incheon, Bupyeong-gu, and applied for a loan based on a genuine charter contract and received a loan as if he were to use the loan as a pre-lease deposit.

The defendant, C, in collusion with D, E, F, G, H, and I, deceiving the victim's branch, and then deceiving it from the victim's branch to the new bank account in the name of the defendant C around April 8, 2011, the defendant, C, transferred 5 million won from the victim's new bank account in the name of the defendant C.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of the accused, C, I, K, F, G, and H;

1. Application of the laws and regulations on loan documents of one bank and enterprise banks;

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommendations on the sentencing criteria [the determination of types] shall be limited to the types of general fraud (less than KRW 100,000) (the amount of special punishment).