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(영문) 서울중앙지방법원 2015.10.28 2014고단10226 (3)

사기

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. In the case of “banking financial resources loan,” other than the public offering for loan fraud organizations and loan fraud, C et al., etc., the lending of the entire loan out of the bank itself. However, since the Korea Housing Finance Corporation guarantees the amount of 80% of the above loan, the Korea Housing Finance Corporation (hereinafter “Korea Housing Finance Corporation”) intended to acquire the loan by deceiving the bank by deceiving the lessee who applies for the entire loan (hereinafter “user”), entering into a false lease contract, or the lessor who is able to enter into a false lease contract with the said applicant by abusing the fact that the procedures for examination of the loan and the collection of the loan are not strict compared to other loans, and then, to obtain the loan by deceiving the bank under the method that the fraudulent lessee and the lessor actually entered into a contract for the entire loan and

C as the total liability of the loan fraud group for the lease on a deposit basis, the corporation that would make false lessors, lessees, and loan-related documents is excluded, and E, other than the public prosecution that operated D, did not actually work for the above tenant, provided the related documents to the company as if the tenant were to falsely supply the related documents as if the tenant were to work for the company that operated the company at a certain price, then the tenant was 40%, the landlord was 10%, and the corporation was 5-10%, and the remainder was recruited by C, etc. by dividing them.

2. Although Defendant A and the upper-tier Defendant F did not have any idea to enter into a lease agreement, and the Defendant did not have worked in Company D, the Defendant and the upper-tier Defendant entered into a false lease agreement as if the Defendant entered into a lease agreement with respect to 328 U.S. H officetels 328, Sungnam-gu, Sungnam-gu, Seoul Special Metropolitan City, Nowon-gu around December 2012, the Defendant entered into a lease agreement with respect to 140,000,000 Won-gu, Sungnam-gu, Seoul Special Metropolitan City. The Defendant applied for a loan of NAF at a single bank central point around that time.