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(영문) 서울서부지방법원 2014.10.08 2014고단2071

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 March 20, 2013, the Defendant conspiredd with B, C, D, etc., and submitted a false apartment lease contract prepared as if the Defendant had a deposit amount of KRW 300 million with respect to F apartment 101 Dong 406, Gangnam-gu, Seoul, to the employees in charge of the above bank loan at the new branch of the National Bank New-dong, Gangnam-gu, Seoul, Seoul, stating that “The Defendant paid a deposit amount of KRW 300 million to the building owner and resides in the lease as a whole.”

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 75 million, which is the ownership of the Victim’s National Bank, to the National Bank account opened in the name of the Defendant on March 25, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. An apartment charter contract, a pre-sale contract, a land use plan confirmation, a building ledger, a loan transaction agreement, a loan application form, receipts, resident registration certificate, a certificate of employment, a certificate of withholding income tax on Class A employment income, a certificate of lease contract, and a four-party social insurance policyholder;