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(영문) 대전지방법원 2016.11.15 2016고단2327

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 21, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for violating the Automobile Management Act at the Daejeon District Court on June 21, 2016 and is still pending in the appellate trial.

The Defendant received a proposal from B, etc. to the effect that the examination of the employee loan loan and the collection of loan are not strict compared to other loans, and submitted a false document and received and divided the loan of the entire loan, and agreed to do so, and conspired with B, C, etc. to acquire the loan by deceiving the financial institution by taking charge of the role of the false lessee.

On October 26, 2013, according to the above public offering, the Defendant, at the “E Licensed Real Estate Agent Office” located in Seo-gu Daejeon, Seo-gu, Daejeon: (a) drafted a false lease contract with the effect that “F apartment No. 807 of the Daejeon Metropolitan City is leased from the lessor C with a deposit of KRW 150 million for a lease term of 2 years from the lessor, although the Defendant did not intend to rent and reside therein.”

On October 2013, the Defendant filed an application for the loan of the pre-paid loan to the employees of the Korean bank in charge of the loan of the victim bank by submitting false documents, such as the pre-paid loan contract, which was prepared in a false manner, at the point of 645, Seo-gu, Daejeon.

Around November 11, 2013, the Defendant received KRW 70 million from the victim to the account in the name of C, from the victim.

Accordingly, the defendant was delivered KRW 70 million by deceiving the victim in collusion with B, C, etc. in sequence.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol concerning the examination of suspect C; and

1. Investigation report (documents related to loans made by lessee A prior to his/her lease), details of deposit transactions, investigation report (a copy of the indictment made by accomplice B related to the suspect), application of Acts and subordinate statutes;

1. The crime of this case, for the relevant Article of the Criminal Act, Articles 347(1) and 30 of the Criminal Act regarding criminal facts, and the reason for sentencing of sentence, is that the crime of this case goes out of Korea by using a false lease contract.