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(영문) 부산지방법원 2015.12.23.선고 2015고단3792 판결

-1(분리)사기,공전자기록등불실기재,불실기재·공전자기록등행사

Cases

2015 Height3792 - 1 (Separation) fraud, public electromagnetic records, etc., and false entry

Events, such as public electromagnetic records

Defendant

A person shall be appointed.

Prosecutor

Lee Jae-hee (Lawsuits) and Lee Dong-hee (Public Trial)

Defense Counsel

Attorney B (Korean National Assembly)

Imposition of Judgment

December 23, 2015

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Criminal facts

On January 12, 2012, Defendant A was sentenced to one year of imprisonment with prison labor for an injury, etc. by the Seoul Northern District Court, and the execution of the sentence was terminated on October 8 of the same year. On October 24, 2014, Defendant A was sentenced to two years and six months of imprisonment with prison labor for an injury, etc. by the Busan District Court and two million won of fine on January 6, 2015.

1. Joint crimes committed by the defendant, etc.;

The name-free person C's name-free person is a total book of loan hub, and the defendant and D are those who have falsely reported marriage for the loan of the entire loan fund, and E is a person who creates a false certificate of employment.

In case where ordinary people whose annual income does not exceed 50 million won receive a loan from a commercial bank using a loan from the National Housing Fund for ordinary people in the National Housing Fund, a commercial bank may obtain a loan up to 70% of the deposit for the deposit for the deposit for the loan. 90% of the loan can be compensated by 90% of the loan from the Korea Housing Finance Corporation even if the loan is impossible to collect by making a guarantee from the Korea Housing Finance Corporation, commercial banks will be able to obtain a loan from the Korea Housing Finance Corporation, so commercial banks will be able to receive a preservation of 90% of the loan.

A person who has failed to know will be able to obtain a loan from the defendant who needs to pay a full-time loan.

E, which makes the Defendant, fake lessor a false certificate of employment, recruited D to make a false declaration of marriage as the wife A.

The defendant and D shall make a false report of marriage at the Gangnam-gu Seoul Metropolitan Government Office around May 29, 2013 and thereafter make a false report of marriage 7 of the same year.

24. On July 24, 2013, a moving-in report was made with 2003 building G building in Suwon-gu, Busan, Busan, and the name-free person ordered the defendant to prepare a false lease contract with the tenant "A", "F", "F" as "10,00,000 won for the rental deposit in Busan, Suwon-gu G building 2003 located in the real estate agent office located in Busan, Busan, the Busan, and around that time, E had the defendant issue a false certificate of employment and a false statement of payment as if the defendant worked in Gangwon-gu (State).

On July 30, 2013, at the branch of the Dongdong-dong, Busan Metropolitan City, Dongdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu to submit a false lease contract or certificate of employment as above, and D to apply for a loan of lease on August 5, 2013 by requiring D to sign and seal on the spouse's column of the application for loan. On the same day, 7 million won was remitted to the Agricultural Cooperative Account in the name of lessor-dong-dong-gu

On May 29, 2013, the Defendant et al. conspired to enter the facts in the family register of Gangnam-gu Seoul Metropolitan Government Office without a genuine intention to marry, and submitted a false marriage report at the same time to be used for the loan fraud, and had the public official in charge of the above Gu office enter false facts in the family register register, which is a public electronic record, into the original family register, and exercised it immediately.

Summary of Evidence

1. Each legal statement of the defendant and E;

1. Protocol concerning the examination of suspects of D by the prosecution;

1. A marriage certificate, etc. and a copy of application documents;

1. Investigation report (person in charge of loans from a new bank and hearing by telephone);

1. Previous convictions in judgment: A statement of inquiry results and investigation reports (Attachment to a copy of the judgment, etc.);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 347(1) and 30 of the Criminal Act (a point of fraud), 228(1), 229, and 30 of the Criminal Act (a point of use of false entry, false entry, and electromagnetic records, etc.), and choice of imprisonment, respectively.

1. Aggravation for repeated crimes;

Articles 35 and proviso of Article 42 of the Criminal Act

1. Handling concurrent crimes;

The latter part of Article 37 and Article 39(1) of the Criminal Act

1. Aggravation for concurrent crimes;

The crime of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act requires strict punishment for the defendant in light of the following: (a) the defendant et al. conspired to act as above to make a disguised marriage; (b) obtained a false employment certificate, etc.; (c) the crime of this case was extremely poor; (d) there was no effort to recover damage; and (e) the defendant was in the period of repeated crime.

However, the punishment as ordered shall be determined by taking into account the following circumstances, such as the fact that the defendant is against the defendant, the fact that the defendant is judged simultaneously with the above crime for which the judgment becomes final and conclusive, and the fact that the defendant's age, character and conduct, environment, motive and background of the crime, degree of participation, degree of acquisition of criminal proceeds, circumstances after the crime, etc.

Judges

Judges Kim Hyun-seok