beta
(영문) 의정부지방법원 고양지원 2018.08.30 2017고단3914

사기방조

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal record] On September 23, 2016, the Defendant was sentenced to a suspended sentence of six months for fraud at the Seoul Southern District Court, and the said judgment became final and conclusive on October 1, 2016.

[2] The criminal facts C, around June 2014, requested that the apartment house under the name of the defendant be sold in a false manner to D, one of its own land, and that if the loan is obtained as a security, the loan be remitted to the defendant who is the seller, and that the defendant will be granted the loan approval by means of deception, such as lending the name of the defendant. The defendant accepted the loan.

On June 9, 2014, the Defendant and C prepared a false real estate transaction agreement with the intent to sell the above apartment to D in the mutual French page located in the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si and had D file an application for the loan by presenting the said agreement to the Defendant Hyundai Capital Co., Ltd., and the Defendant, on June 17, 2014, stated that the above apartment should be immediately removed by the lessee of the above apartment, and on the same day, KRW 74,308,485, out of KRW 17,100,000,000 deposited in his own account, deposited directly with the Defendant of the Agricultural Cooperative Federation in order to cancel the right to collateral security established on the apartment of this case, and KRW 96,691,515,000 was remitted to the account in the name of the Defendant.

B transferred to the designated account by C.

However, in fact, the defendant did not have the intention to sell the above apartment to D, and there was no fact that the tenant of the above apartment house has to move out, and C did not have the intention or ability to repay the loan.

Accordingly, the Defendant, as seen above, committed the crime by deceiving C the victim, thereby facilitating the crime by deceiving C with a loan of KRW 171 million.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol concerning the interrogation of suspect C by the prosecution;