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(영문) 창원지방법원 2019.01.23 2018고단1352

사기방조

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In order to stabilize the housing of homeless workers, the Ministry of Land, Infrastructure and Transport operates “the system of loans for workers’ lease on a deposit basis with the National Housing Fund as a source of funds for the National Housing Fund to lend the workers’ lease on a deposit basis at a rate lower than the market interest rate.”

The fraudulent act of lending money to a false worker is a structure that makes a false contract for a house lease by making use of the documents related to the employment of tenant and the circumstances where only the contract for a house lease is submitted to the financial institution entrusted with the business related to the lending of money for the lease of a house for workers, by inviting the loaner to play a false lessor through a formal examination, and falsely recruiting the loaner to apply for a loan of money for the lease of a house for workers while carrying out the lease of a house for the lease of a house for workers. As if the loaner actually serves as a worker, he/she prepares false documents related to the employment certificate, detailed statement of wages, confirmation of income tax withholding, etc. under the name of the disguised company as if he/she actually serves as a worker, and prepares a false contract for the lease of a house as if he/she actually enters into a contract for a lease of a house between a false lessee and a false lessor.

On February 26, 2013, the Defendant: (a) accepted the proposal that “on the one hand, if he/she lends his/her business registration name, he/she would obtain a business loan, a workplace charter loan with a false business operator, and offer 30 million won out of it; and (b) issued a business registration certificate and a business seal impression after establishing the business purpose “D” with the business address as “B Building C in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu.” (around the same day) on the same day, the Defendant established the business registration certificate and the business seal.