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(영문) 청주지방법원 2013.03.28 2013고단10

사기

Text

A defendant shall be punished by imprisonment for six 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. On August 21, 2012, the Defendant of criminal records was sentenced to imprisonment with prison labor for six months at the Cheongju District Court for fraud and one year of suspended execution, and is currently pending in the appellate trial.

2. On November 18, 2010, the Defendant prepared a false lease contract as if he leased No. 2 of Eunpyeong-gu Seoul Metropolitan Government H multi-household housing No. 1 floor No. 2 to M with a deposit of KRW 80 million, which is owned by the Defendant, on the condition that he/she receives two million won from his/her nameless loan hubs.

Around December 3, 2010, the above M submitted a false loan application to the employee in charge of the loan in the reverse village of the victim bank of Eunpyeong-gu Seoul Metropolitan Government, along with the loan application, and the NN's employment certificate that was created from the above name-free loan hub around that time, and was pretended as the director in charge of the management of the above company.

However, the above M did not have a plan to rent and reside in the above house, and was not in office in the above company, and the defendant and M et al. intended to obtain a loan from the victim by the above method and distribute and use the loan, and there was no ability or intent to pay the loan properly.

After the Defendant conspiredd with the above M and name-free loan hub, the Defendant, by deceiving the victim as above, received KRW 50 million from a new bank account (O) in the name of the Defendant’s name and acquired the loan under the name of the employee deposit account.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement of K;

1. An application for loan from the National Housing Fund, confirmation of lease contract, multi-household house lease contract, receipt, and certified copy of real estate register;

1. Application of the Acts and subordinate statutes on the details of M-registered account transactions and A-registered bank account transactions;

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

1. The sentencing of Article 62(1) of the Criminal Act is suspended.