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(영문) 서울북부지방법원 2017.01.25 2016고단5479

사기

Text

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

2. Defendant B shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

1. The Defendants: The Ministry of Land, Infrastructure and Transport, in Korea, operates a system for the loan of workers under the lease of housing at a rate lower than that of the market, which provides loans at a rate lower than that of the market, upon request for a loan by keeping only certain documents, such as a certificate of employment, a detailed statement of salary, etc., and a house lease contract, without any special security, to stabilize the dwelling of homeless workers with the

Defendant

On July 2015, A submitted to a financial institution a false certificate of employment, a housing lease agreement, etc. from a police officer loan D, E, and consented to the role of a false lessee in relation to the above loan.

Defendant

B, the actual owner of “Seoul Eunpyeong-gu Seoul Building 202 G Building 202,” the ownership transfer of which is registered under F’s name, received the proposal from B and I for the aforementioned purport on July 2015, and accepted the said loan to provide the said house as an object of the false house lease contract.

As a result, the Defendants continued to borrow and divide the pre-paid housing loans by deceiving the above D, E, H, I, and financial institutions.

On July 28, 2015, at the K real estate office located in the Eunpyeong-gu Seoul Metropolitan GovernmentJ, the Defendants gathered with the above F and E’s first L, and entered into a false housing lease contract for the above housing. Defendant A deposited KRW 10 million received from the above L in the bank located in the vicinity of the above office immediately thereafter, in the above F’s account in the name of the said F’s contract deposit.

Defendant A continued to obtain a false certificate of employment, etc. from the above L as if the Defendant actually worked in M., and then, Defendant A’s name cannot be identified at the new branch of the 845 victim bank due to the unification of Eunpyeong-gu Seoul Metropolitan Government.