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(영문) 대구지방법원 2016.09.30 2016고단1397

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

In order to stabilize the residence of homeless workers, the Ministry of Land, Infrastructure and Transport operates “the system of lending of pre-paid housing loans to workers at a rate lower than the market interest rate without securing the pre-paid housing loan funds of the National Housing Fund.” The relevant bank provides loans after examining the above documents, if any person who intends to obtain the loan submits documents proving that he/she is an employee to the bank entrusted with the loan business, and submits the lease contract, etc.

Under normal circumstances where it is difficult for financial institutions to borrow loans and there is no intention or ability to repay loans even if they receive loans, the Defendant conspired with brobeers to prepare a false certificate of employment, etc. necessary for the loan and submit it to financial institutions to obtain the employee's entire housing tax by fraud.

Accordingly, on September 3, 2013, the Defendant: (a) received documents, such as a certificate of employment, a detailed statement of salary, and a certificate of source collection of labor income tax, from the Defendant’s employees, and submitted documents related to employment, such as a false certificate of employment issued to the person in charge of loans in the name of the victim bank; and (b) filed an application for a worker’s lease of housing with the said documents to the person in charge of loans in the name of the victim bank; and (c) filed an application for the employee’s lease of housing.

On September 4, 2013, the Defendant entered into a lease agreement with the lessor, even if he/she did not have an intention to reside in the said house or to perform the contract, on the G Authorized Broker Office located in F 101 at the Gyeonggi-si, Gyeonggi-si, and Gyeonggi-si, the Defendant entered into a lease agreement with the lessor with the amount of KRW 80,000,000,000, and submitted an additional lease agreement to the person in charge of loan due to the name of the new bank.

However, the defendant is true.