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(영문) 서울서부지방법원 2016.10.26 2016고단1102

사기

Text

Defendant

A Imprisonment with prison labor for one year, for six months, and for eight months, for Defendant C, respectively.

except that this shall not apply.

Reasons

Punishment of the crime

The Defendants issued a false certificate of employment to Defendant A and Defendant C, using the fact that ordinary people operating in the Korea Housing Finance Corporation with financial resources of the National Housing Fund and the loans for house leasing loan for workers consisting solely of the document screening without due diligence, and Defendant A acted as a false lessee, and Defendant B conspired to obtain a house leasing loan from the Korean National Bank of Korea with the false lessor's role as the lessor.

Defendant

A and Defendant B, around January 29, 2015, entered into a false lease agreement with Defendant B on the condition that Defendant B leased the above apartment site as a whole from Defendant B with respect to “Seoul Gangseo-gu apartment site 401” owned by Defendant B, and Defendant A received a false certificate of employment from Defendant A through G that Defendant A would work for “stock company I”, and submitted a false certificate of employment and a lease agreement (exclusive lease) with Defendant A, who applied for a loan of KRW 100 million to the lender of the damaged new road branch located in Yeongdeungpo-gu Seoul Metropolitan Government on February 2015, 2015.

The Defendants received KRW 100 million from the victimized Company on February 12, 2015, from Defendant B’s account under the name of Defendant B as a loan for full-time employee loan.

As a result, the Defendants received property by deceiving the victimized company in collusion with G.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes governing withholding income tax on loan application form, pre-tax contract, receipts, confirmation of lease contract fact, certificate of employment, and acquisition of Class A employment establishments;

1. Articles 347(1) and 347(1) and 30 of the Criminal Act and the choice of imprisonment

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of community service work: Reasons for sentencing of Article 62-2 of the Criminal Act [the scope of recommending punishment] general fraud.