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(영문) 서울중앙지방법원 2016.02.25 2015고단4950

사기

Text

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

Reasons

Punishment of the crime

The Defendant, together with C, D, E, and F, prepared a false lease agreement with G as the lessor and the Defendant as the lessee, and recruited for personal use by receiving the employee house loan from the National Housing Fund through the credit guarantee of the Korea Housing Finance Corporation.

On May 29, 2014, the Defendant issued a false certificate of employment that he had worked in the I Company’s business department via E and F, and drafted a false real estate lease agreement stating that “The Defendant shall lease the G-owned single-story housing of the Daejeon-dong, Daejeon-gu, Daejeon to KRW 90,000,000,000 from G to G.”

On May 29, 2014, the Defendant continuously applied for a loan of KRW 60,000,000 to an employee in charge of loan from the National Housing Fund in the Seoul Special Metropolitan City, the Seoul Special Metropolitan City, the Seoul Special Metropolitan City Office Office Office of Enterprise Bank located, for a loan of KRW 1719,00,000,000,000, to the employee in charge of loan from the National Housing Fund, and the Defendant was working for the said I company as if he actually used the loan as a deposit for the lease from the said real estate. As above, the Defendant submitted

However, the defendant did not work for the above I company, and entered into a genuine lease contract with regard to the above I company as stated in the above lease contract, or did not intend to use the above loan as the deposit money.

As such, the Defendant, in collusion with D, C, E, and F, deceivings the victim company, and who is under this control, received 60 million won from the victim company to the Saemaul Treasury account in the name of H on June 13, 2014 as the deposit money for lease on a deposit basis.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect by the prosecution against C or F;

1. Cmera;

1. Application of the investigation report (Evidence No. 1 of Evidence List) and the attached documents and subordinate statutes;

1. Article 347(1) and Article 347(1) of the Criminal Act concerning the applicable criminal facts and the choice of punishment.