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(영문) 서울서부지방법원 2014.08.07 2014고단1180

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 C, D, etc. as the above business entity, and even though the Defendant did not conclude a lease contract on the apartment owned by E, the Defendant concluded a lease contract on the above apartment, and made a false real estate lease contract, etc. and received a loan from a financial institution as security, even if the Defendant did not have concluded a lease contract on the apartment owned

On July 27, 2012, the Defendant, in collusion with C, D, etc., submitted a false real estate lease agreement that was prepared as if the Defendant had a deposit amount of KRW 230 million from 104,202,000,000,000 to employees in charge of loan of the above bank at the Sung-nam Central Branch of Seongbuk-gu, Sung-gu, Sung-gu, Sung-gu, Seoul. The Defendant submitted a false real estate lease agreement to the employees in charge of loan of the above bank, which was prepared as if the Defendant had a deposit amount of KRW 104,000,000,000 to the building owner, and resided in full time. The Defendant

However, the Defendant did not actually concluded the aforementioned lease contract, and did not have paid the deposit, and even if the loan was executed, the Defendant did not have the intent or ability to pay the principal and interest normally.

In collusion with C, D, etc., the Defendant received a remittance of KRW 80,000,00,000, from the victim bank holding the Defendant’s bank account established in the name of the Defendant by deceiving the said employee and obtaining approval of the loan from the said employee.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. The loan transaction agreement;

1. The lease contract for the apartment;

1. Inquiry into the details of credit transactions;

1. Application of Acts and subordinate statutes to certificates of deposit transactions;

1. Relevant Articles of the Criminal Act and Articles 347(1) and 30 of the Criminal Act concerning criminal facts and the reasons for sentencing.