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(영문) 서울북부지방법원 2016.07.20 2016고단2011

사기

Text

1. Defendant A shall be punished by imprisonment with prison labor for one year and six months;

2. Defendant B shall be punished by imprisonment with prison labor for not less than ten months.

Reasons

Punishment of the crime

The Defendants, in collusion with public prosecution and other D, planned to apply for loans in the name of the Defendants and to use loans in installments by using false charter contracts, employment certificates, etc.

1. Defendant A

A. On January 2014, the Defendant submitted a false lease agreement, certificate of employment, etc. that he received from a new bank located in the upper-dong Seoul (Seoul), and applied for a loan to E, a new bank employee acting as an agent for the loan.

However, in fact, the Defendant did not have to move to the “Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City F Building A, 201,” which is the planned director under the submitted loan application form. Unlike the written record of the certificate of employment submitted, the Defendant did not have served in the “(State) EFC” from April 15, 2013 to the “At the time of application for the loan.” In addition, even if the Defendant received a loan due to a lack of a certain occupation at the time, it did not have the intent or ability to repay the loan, and even if the loan was granted, it was thought to be used for the personal purpose by dividing it into the above D, which

The Defendant, in collusion with D, by deceiving the above E as above, received KRW 80 million from the National Housing Fund managed by the Ministry of Transport and Maritime Affairs of the Victim’s Republic of Korea through the above E from the National Housing Fund managed by the Ministry of Transport and Transportation of the Victim’s Republic of Korea on January 17, 2014, and acquired it through

B. On December 2013, 2013, the Defendant submitted a false certificate of employment, etc. received from the victim KB national bank in Seoul, and applied for a household’s general loan loan to the employee in charge of the victim’s loan.

However, unlike the record of the certificate of employment submitted by the Defendant as above, the Defendant did not have served in the “(State) EFC” from April 15, 2013 to the time at which the loan was applied, and there was no intention or ability to repay the loan even if the loan was granted due to the absence of a certain occupation at the time.

The defendant, in collusion with D, induces the staff in charge of the victim as above.