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(영문) 서울북부지방법원 2016.04.28 2015고단4582

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of imprisonment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 20, 2014, the Defendant, in collusion with C and D, prepared a false lease agreement with the lessor as to D, lessee A, and the deposit money of KRW 120 million for the lease at the office located in Ansan-si, Ansan-si, Busan-si, the upper part of the G building 401, which was owned by D on January 20, 201, for the purpose of obtaining a loan from the Hyundai Capital Co., Ltd. for the victim, and issued A a false lease agreement with the victim at KRW 120 million, and around the 28th day of the same month, A deceptiond the victim company by submitting the lease agreement made by falsity as above to the damaged company as if it were duly prepared, and thereby, received KRW 78,00,000 from the victimized company to the account in the name of D.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of each protocol concerning suspect examination of C or D;

1. Application of Acts and subordinate statutes to confirm the transfer contract, the contract for the transfer of modern capital, the details of account transactions, and the request for transfer of funds to another person;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (the fact that a person commits an error and reflects against his/her will, and the fact that D, an accomplice, has compensated for damage to the damaged company shall be considered as consideration in