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(영문) 의정부지방법원 2013.11.22 2013고단2043

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

C was intended to acquire the loan from the financial institution on the ground that the loan to the ordinary people and workers who are operated by the Korea Housing Finance Corporation as the financial resources of the National Housing Fund of the State consists of only document screening without due diligence.

C In relation to the above loan of a lease on a deposit basis, C has overall control over all the business affairs, such as lending name holders and lessors other than lessors, certificates of employment in the name of lessee, certificates of income withholding, distribution of loan of a lease on a deposit basis, etc., and D et al. shall act as counter-party to the lessee, and E et al., a licensed real estate agent, despite being aware of the above circumstances, plays a role of preparing a false lease contract, and the Defendant, a lessee, knowingly, agreed to lend the name.

On May 2013, D, a brokerage book, etc., excluded the defendant as the tenant, and the defendant lent his name as the tenant, and E, a licensed real estate agent, prepares a false lease contract.

On May 22, 2013, the Defendant: (a) submitted documents related to pre-tax loan, such as false certificate of employment, account transaction details, lease contract, etc., to H, an employee of the NA, who is an employee of the NAF, as if he/she worked in the Company I; (b) applied for pre-tax loan; and (c) was transferred from the NAF on May 22, 2013 to the account of a national bank in the name of J. 120,000,000.

Accordingly, the defendant, in collusion with C, D, E, etc., acquired the amount equivalent to KRW 120,000,000 from the victim agricultural cooperatives under the pretext of a full-time loan.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning C and E;

1. Each prosecutor's statement concerning D;

1. Investigation reports (Analysis and report on the flow of loans on the ABS and the details of telephone conversations of suspected victims);

1.The application of the laws and regulations on loan documents for the entire loan of funds.