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(영문) 서울서부지방법원 2014.06.25 2014고단922

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 a false document through site search, and conspired with C, D, E, etc., the above business entity. The fact was that the Defendant, although there was no fact that the Defendant entered into a lease contract on the apartment owned by F, concluded the lease contract on the apartment, and made a false document on the lease contract on the apartment, and received a loan from a financial institution as security, as the Defendant had paid the lease deposit.

On September 25, 2012, the Defendant, in collusion with C, D, E, etc., submitted a false apartment lease contract prepared as if the Defendant had a deposit amount of KRW 190,000,000 for the 4-dong and 402-dong, Mapo-gu, Seoul Metropolitan Government, to the employees in charge of the above bank loan at the public airspace branch of the foreign exchange bank in Mapo-gu, Mapo-gu, Seoul. The Defendant submitted a false apartment lease contract, which was prepared as if the Defendant had a deposit amount of KRW 190,000,000 for the 4-dong and 402-dong, Mapo-gu, Seoul, which

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

The Defendant, in collusion with C, D, E, etc., by deceiving the said employee and obtaining approval for the loan from the said employee, and received transfer of KRW 100,000,000,000 from the foreign exchange bank account opened in the name of the Defendant on September 28, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Statement of the police statement to I;

1. A complaint;

1. Application of the Acts and subordinate statutes on the apartment charter contract;

1. Grounds for sentencing under Articles 347 (1) and 30 of the Criminal Act concerning the relevant criminal facts;

1. The scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] general fraud 10 million won.