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(영문) 서울서부지방법원 2016.06.29 2016고단1103

사기

Text

Defendants shall be punished by imprisonment for six months.

However, each of the above defendants is against the defendants for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

B is a sales agent of Eunpyeong-gu Seoul Metropolitan Government F building (total 24 households), and Defendant A is a person who sold the foregoing F building 604 on November 24, 201 to KRW 183 million.

The Defendants suggested that Defendant A would settle the shortage of the loan of the house leasing loan through the document screening without due diligence when Defendant A’s balance of F building 604, which was sold in lots, was insufficient, and the ordinary people operating in the Korea Housing Finance Corporation with the National Housing Fund, and the employees’ loan of the house leasing loan was made only by the document screening without due diligence. Defendant A would act as a false tenant, and Defendant B conspired to obtain the loan of the house leasing loan from the new bank of the victim by acting as agent of the lessor.

On March 9, 2012, the Defendants drafted a false multi-household lease agreement with respect to “F Multi-household 604, 38.19 square meters, Eunpyeong-gu Seoul Metropolitan Government,” stating that Defendant A shall lease the said house from the owner G of the building from the owner of the building to the lease of the said house (guarantee 130 million won). On March 27, 2012, the Defendants submitted a false written lease agreement to the person in charge of the loan of KRW 50 million for the loan of workers at the location of the new branch office in Eunpyeong-gu, Seoul, Seoul.

On April 4, 2012, the Defendants were transferred KRW 50 million to a new bank account in the name of G under the pretext of a loan for full-time employee loan from the new bank of the victim.

Accordingly, the Defendants conspired in collusion to receive property by deceiving the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the interrogation of suspects by the prosecution against the Defendants

1. Each police statement made with respect to G and H;

1. Contract on the lease of multi-households and account details;

1. Investigative report (in relation to the KB non-life insurance loan A, an application form, damage evaluation report, confirmation of documents of decision on indemnity, and application of the relevant Acts and subordinate statutes attached thereto);

1. Criminal facts;