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(영문) 서울서부지방법원 2013.08.14 2013고단1201

사기방조

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 16, 2012, the Defendant, who became aware of through Internet loan search, received a fee equivalent to five million won if he/she lends a loan for the purpose of real estate mortgage loan and the title of real estate ownership from a person with no name (title C), and according to the order of the said C, around July 16, 2012, he/she transferred the ownership of D apartment 356 dong 302, which was in the name of the Defendant, to help the financial institution acquire the loan against the financial institution.

Around 10:00 on July 25, 2012, the Defendant applied for a real estate mortgage loan at the Credit Savings Bank located in 622-218, Ansan-dong, Ansan-dong, Ansan-dong, Gyeyang-gu, Gyeonggi-gu, Gyeonggi-do, and the Defendant submitted the loan-related documents, including the detailed statement of transfer household perusal, as if the Defendant was a previous tenant in the above D apartment, and the Defendant was acting as the actual owner of the above apartment, as if the Defendant was the actual owner of the apartment, and was acting as the applicant for the real loan, the Defendant stated to the effect that “The apartment provided as security shall be married, and there shall be no other tenants,” and that the Defendant was borrowed 100 million won from the Victim Savings Bank from the victim bank, namely, signed the documents related to the loan application.

Accordingly, the Defendant assisted loan fraud organizations such as C to obtain loans from financial institutions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to E, F and G;

1. Application of Acts and subordinate statutes to the complaint, credit transaction agreement, lease contract confirmation, detailed statement of transfer household inspection, full certificate of registered matters;

1. Article 347 (1) or 32 of the Criminal Act applicable to the crimes. Article 347 (Selection of Imprisonment)

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;