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(영문) 서울중앙지방법원 2015.10.15 2015고단4526

사기

Text

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

C requested the defendant who was aware of the lack of business funds to submit a false charter contract to the bank, and to receive a charter loan and use it as business funds.

On October 1, 2013, the Defendant, at the office of licensed real estate agents in Yangyang-si, drafted a false lease agreement with the lessor, stating that “F G apartment 212 Dong 1002, 1002, and 200 million won of the lease deposit and two years of the contract period,” from the lessor E.

On October 15, 2013, the Defendant submitted the above false lease contract to the employees in charge of the above false lease contract at the victim bank's substitute dong 1024 306, Gangnam-gu, Seoul, Seoul, and applied for a loan of KRW 160,000,000,000 to the employees in charge of the above false lease contract.

However, the defendant did not think that he would rent and reside in the above real estate, and even if he received a loan from the victim bank, he did not have the intention or ability to repay the same as the promise.

Around October 17, 2013, the Defendant, by deceiving the victim bank, received a remittance of KRW 160 million from the victim bank to a new bank account in the name of E, from the victim bank, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. A written complaint;

1. Details of transactions, pre-paid contract, certified copy of the register, and loan transaction agreement;

1. Application of Acts and subordinate statutes to investigation reports (Submission of suspect A statement of transactions);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Fraud (at least KRW 100,000, but less than KRW 500,000). The basic area (one to four years) of types 2 (at least KRW 100,000), which is disadvantageous: Circumstances favorable to the failure to recover from the global damage: The defendant reflects the crime; the defendant has no record of criminal punishment; most of the loans are E.