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(영문) 춘천지방법원 2015.10.01 2015고단279

사기

Text

1. The Defendants shall be punished by imprisonment for six months.

2.Provided, That with respect to Defendant B, for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants prepared a false lease contract with the lessee as the Defendant B on the E-Attachment 102, 505, 102-dong 505 (hereinafter “the apartment of this case”) owned by the Defendant A, and conspired to obtain a loan for the lease fund.

Defendant

A, at the G Office located in Chuncheon-si, on August 8, 2014, concluded a loan agreement with the victim on the following grounds: (a) the lessor created an apartment charter agreement with the victim A, the tenant B, and the lease deposit amount of KRW 120,000 with respect to the apartment of this case; and (b) the defendant B made a move-in report on the apartment of this case on August 28, 2014 to the defendant B; and (c) the business employees of the victim Ajug Capital Co., Ltd., Ltd., located in Switzerland-si, Chuncheon-si, around August 20, 2014, the victim B made a move-in report on the apartment of this case on August 28, 2014.

However, in fact, the Defendants did not enter into a charter agreement and did not have any capacity or intent to complete the lease even if they were given a loan.

On August 28, 2014, the Defendants deceptioned the victim as above and were delivered KRW 95,965,00 to the new bank account of Defendant A by the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written complaint;

1. An application for a loan for the loan of the Fund for the Capital Capital;

1. An agreement on a loan for the loan of the fund for the loan for the Capital Capital;

1. Each letter;

1. A contract for the establishment of a pledge of the Athical Capital;

1. A certified copy of each resident registration;

1. A copy of the apartment charter contract;

1. Written consent of pledge and letter of commitment to the refund of leasehold deposit;

1. Data of transactions of new banks;

1. A certified copy of the register;

1. Application of Acts and subordinate statutes to the police statement of M;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

1. Defendant B of suspended execution: Article 62(1) of the Criminal Act (The following favorable circumstances described in the reasons for sentencing);

1. Defendant B: Sentencing under Article 62-2 of the Criminal Act.