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(영문) 서울남부지방법원 2013.08.28 2013고단826

사기

Text

Defendant

A shall be punished by imprisonment for eight months, by a fine of three thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

The Defendants prepared a false document stating that E, F and Defendant A are in charge of a loan agreement and a false loan agreement with Defendant B to lease the house he lives to Defendant A, and submitted the aforementioned false documents to the point of the integrative of the victim Han Bank to obtain a loan for the loan.

On April 12, 2012, at the H Licensed Real Estate Agent Office located in Gangseo-gu Seoul Metropolitan Government, the Defendants signed and sealed the lease agreement with Defendant A to the effect that Defendant B 202, Dong 202, Defendant B, a deposit of KRW 150,000,000, and the lease period of two years, respectively, and entered into a false lease agreement. Defendant A, along with E, submitted a false employment certificate to Defendant B, income tax withholding confirmation, payment statement, and the above lease agreement to an employee whose name of the branch office of Han Bank is unknown, and filed an application for a loan of KRW 100,000,000,000,000,000,000,000,0000,000,000,000,000,000.

As a result, the Defendants, in collusion with E and F, deceptioned the 100 million won point of the victim bank.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of a witness A, B, and J;

1. Each prosecutor's interrogation protocol against the Defendants

1. The police statement of K;

1. Application of Acts and subordinate statutes on loan lease contract, receipt, certificate of employment, certificate of withholding income tax, statement of salary, details of account transactions;

1. Defendant A of the pertinent legal provision on criminal facts: Articles 347(1) and 30 of the Criminal Act; Articles 347(1) and 30 of the Criminal Act; Articles 347(1) and 30 of the Criminal Act; Articles 347(1) and 30 of the Criminal Act; Articles 347(1) and 30 of the Act;