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(영문) 서울남부지방법원 2015.04.22 2015고정457

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 10, 2010, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment for fraud at the Seoul Eastern District Court on May 18, 2010 and the judgment became final and conclusive on May 18, 2010.

Defendant, B, C, and nameless D et al., the fact is that the Defendant: (a) leased the E Apartment 112 Dong-dong 803, Cheongju-gu, Cheongju-si, the Defendant owned, to C; or (b) was not entitled to receive the loan of the Jeonsese loan because C did not have worked in distribution in Bupyeong-dong 152-104, Bupyeong-gu, Incheon; (c) and (d) was unable to fully repay the loan even if it was given, the Defendant did not have the ability to obtain the loan; (b) however, the Defendant submitted false documents to obtain the loan of the full-time loan from the financial institution by using them to obtain the loan of the employee from the financial institution without due diligence.

On August 8, 2008, the Defendant, B, and C prepared a false real estate lease agreement as if the Defendant leased the above E Apartment 112 and 803 to C with the former deposit 75 million won, and B obtained a false certificate of employment as if C had worked in distribution of the above E Apartment 112 and 803, and prepared a copy of C’s resident registration necessary for the application for the loan with D with D, and then, at the new bank Cheongju terminal located in Chungcheongnam-gu, Seo-gu, Chungcheongnam around the same month, at the new bank Cheongju-dong, Chungcheongnam received a false loan application from B along with the loan application form and certificate of employment on the 14th of the same month.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A copy of each police interrogation protocol concerning B and C;

1. B judgment or C judgment; and

1. A loan transaction agreement, apartment lease agreement, certificate of employment, and certificate of employment; and