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(영문) 서울서부지방법원 2014.08.20 2014고단885

사기

Text

A defendant shall be punished by imprisonment for not less than eight 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 false documents through site search, the Defendant conspiredd with the above business entity B, C, D, etc., and, in fact, even though the Defendant did not have concluded a pre-sale contract on the apartment owned by E, the Defendant concluded the pre-sale contract for the above apartment and made a false pre-sale contract for the apartment and received a loan from a financial institution as security, as if the pre-sale deposit was paid.

On October 31, 2012, the Defendant, in collusion with B, C, D, etc., submitted a false apartment lease contract prepared as if the Defendant had a deposit of KRW 140 million with respect to F apartment 111,60,000,000,000 to the employees in charge of the above bank loan at the near village of our bank located in Ansan-si, Annyang-si, Annyang-si, and the Defendant submitted a false apartment lease contract prepared as if he had a deposit of KRW 140,000,000 for F apartment 111,00,000,000,000 to the building owner 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 B, C, D, etc., by deceiving the said employee and obtaining the approval of the loan from the said employee, and transferred KRW 80 million, which is the ownership of the victim bank, to the Korean bank account opened in the name of the Defendant on November 2, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Protocol concerning the examination of suspect B by the prosecution;

1. An apartment charter contract, a loan transaction agreement, a receipt, a loan consultation, and the application of Acts and subordinate statutes;

1. Grounds for sentencing under Articles 347(1) and 30 of the Criminal Act for criminal facts.