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(영문) 부산지방법원 2014.06.19 2013고단4212 (1)

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The above defendant A is a mobile phone seller, the above defendant D is a representative driver, the defendant, and the above defendant B is a company member.

After concluding a false real estate lease contract, the accused A andO heard that there is a way to obtain a loan as a deposit money by submitting it to a financial institution, and tried to obtain a deposit money from a third party based on a false lease contract.

Around April 2009, the above defendant D and the defendant were aware that they could apply for the loan of the lease fund by entering into a false lease contract with theO, and the above defendant D will receive the loan of the lease fund as if the defendant leased the house owned by the above defendant D, and the above defendant B conspired to receive the loan of the lease fund by receiving a request from the above defendant A for the guarantee of the above lease fund.

On April 29, 2009, the Defendant filed an application for a loan at the shipping sub-branch of the Victim NongHyup Bank located in Busan, Daegu, Busan, the Defendant submitted a lease deposit of Q apartment owned by the Defendant D, the down payment of KRW 30 million, the down payment of KRW 3 million, the lease term of the Q apartment owned by the Defendant, the lease term of 2 years, the false real estate lease contract in D, and the receipt that the lessor received the down payment of KRW 3 million from the Defendant and the receipts that the upper Defendant D received the down payment of KRW 3 million from the Defendant, and the Defendant B guaranteed the loan of the pre-paid loan.

However, the fact that the defendant did not rent the house owned by the defendant D, and the above lease contract and the receipt were prepared by theO as if the defendant leased the house owned by the defendant D and paid the down payment.

Nevertheless, the Defendant was loaned KRW 20 million from the above bank employees as a loan for a full-time loan.

Defendant

In addition, the above defendants deceiving the victim, and they acquired the money of KRW 20 million from the defendant's Nonghyup Bank account under the pretext of the deposit of money.