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(영문) 서울북부지방법원 2015.11.06 2014고단731 (1)

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

L, through the Internet lending site, to have a loan as collateral for a false lease contract with M, etc., and to divide it, the lessor and lessee are recruited, and the defendant N is presumed to be a lessee of a house, which is a security for a lease fund loan, and the defendant is the lessor of the house in this case and the defendant is to receive the fee.

In the case of a loan of a lease on a deposit basis, the Defendant and L/N set up a false lease contract using the fact that the loan was made only by a document examination without undergoing an actual inspection by a financial institution and submitted it to the financial institution to receive a loan as a deposit for a lease on a deposit basis.

On August 30, 2013, L drafted a "multi-household lease contract" as it paid the lessor, N as lessee, and the lease deposit amount of KRW 120,00,000,00,00 to the multi-household housing of the Eunpyeong-gu Seoul Metropolitan Government R 301 at the Q&O office of the Q&O in Songpa-gu Seoul.

N For the same year

9.2. The fact that the Defendant’s multi-household housing was not actually leased at the middle-dong branch of the People’s Bank in Jung-gu, Jung-gu, Seoul. However, in spite of the absence of the fact that the Defendant’s multi-household housing was actually leased, the Defendant’s false lease contract was submitted to the employee in charge of the Defendant’s bank name and concluded that the lease contract was genuine, and was remitted from the employee in charge of loan to the Defendant’s bank account in the name

Summary of Evidence

1. Statement of the accused in the fourth protocol of trial;

1. A protocol concerning the examination of suspect concerning N by the prosecution;

1. Protocol concerning the examination of each police officer concerning L;

1. Statement of the police statement of S;

1. Application of Acts and subordinate statutes on the multi-household charter contract and receipt;

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

1. Reasons for sentencing of sentence of imprisonment with prison labor [the scope of recommending sentence] systematic frauds KRW 100 million.