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(영문) 대전지방법원 2017.03.03 2016고단3805

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant made a proposal to obtain a false document by submitting a false document, etc. to the effect that the loan of the house lease fund to workers from C, etc. is carried out h, D, E, etc. in order to take part in the crime and to act as a false lessee.

In accordance with the above public offering on February 27, 2013, the Defendant: (a) at the G Authorized Broker Office located in the U.S. F in the Daesung-gu, Daejeon-gu, U.S. on the following occasions: (b) “The lessor Co., Ltd. prepared a master charter agreement with the Defendant, which entered false matters in the rental period of KRW 95 million; and (c) received false documents, such as a false certificate of employment, from the C, etc., as if the Defendant had worked in the Daedong Korea Co., Ltd.

On March 2013, the Defendant submitted false documents, such as a pre-tax agreement, certificate of employment, etc., to the employee in charge of lending, at the location of Hancheon-dong, Hancheon-dong, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”) and applied for the loan of pre-tax funds to the employee in charge of lending.

On March 21, 2013, the Defendant was paid KRW 66 million to the account in the name of D around March 21, 2013.

Accordingly, the defendant received property in collusion with C, D, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect interrogation of E by the prosecution;

1. Investigation report (report on attachment of criminal suspect A transaction details);

1. The comprehensive lease contract on the alcoholic beverages;

1. Certificate of employment;

1. Application for loan from the National Housing Fund;

1. Application of Acts and subordinate statutes on response to financial transactions;

1. Relevant legal provisions of the Criminal Act and Articles 347(1) and 30 of the Criminal Act that stipulate the choice of punishment for a crime: A unfavorable condition for sentencing: The nature of the crime is not good in light of the method of the crime, the amount of fraud is a large amount of KRW 66 million, the amount of damage is not repaid, the amount of damage is not repaid, and the amount of fraud is 12 times the record of the crime.