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(영문) 서울서부지방법원 2015.05.06 2014고단3013

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

After the Defendant became aware of the so-called “work loan” business entity that received a loan from a financial institution by making a false document through site search, and conspired with C, D, E, etc., the above business entity. The fact was that the Defendant, although there was no fact that the Defendant entered into a lease contract on the apartment owned by F, concluded the lease contract on the apartment, and made a false document on the lease contract on the apartment, and received a loan from a financial institution as security, as the Defendant had paid the lease deposit.

On July 3, 2012, the Defendant, in collusion with C, D, E, etc., submitted a false apartment lease contract prepared as if the Defendant had a deposit amount of KRW 130 million for G apartment 102 Dong 403, G apartment 102 Dong 403 in Gangdong-gu, Gyeonggi-do, and submitted a false apartment lease contract to the employees in charge of the above bank, “The Defendant is paying the building owner a deposit of KRW 130 million and resides in the entire age. I request to offer the deposit as security.”

However, the Defendant did not actually conclude the above lease contract, and the deposit was not paid, and even if the loan was executed, the Defendant did not have the intent or ability to pay the principal and interest normally.

The Defendant, in collusion with C, D, E, etc., by deceiving the said employee and obtaining approval for the loan from the said employee, and transferred KRW 45 million, which is the ownership of the Victim’s National Bank, to the National Bank Account established in the name of the Defendant, around July 5, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. The apartment charter contract;

1. Application of the investigative report (Attachment of documents related to A loan of a suspect) and each attachment statute;

1. Relevant Article 347(1) of the Criminal Act and Articles 347(1) and 30 of the Criminal Act concerning criminal facts (the scope of recommending punishment) are as follows: (a) general fraud type 100 million won.