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(영문) 서울중앙지방법원 2014.05.30 2014고단2394

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, with a person called “N”, knew that the purchaser who entered into a sales contract for a house may obtain a loan from the bank if he/she promises to submit related documents, such as a sales contract, and provide a house as security even before the ownership is transferred. The Defendant, despite the absence of an intention to purchase a house or offer it as a security, intended to acquire a loan from the bank by means of pretending to purchase a house and offer it as security.

On July 23, 2012, the Defendant submitted the relevant documents, such as a loan application, mortgage contract, and sales contract for the said house, to the employees in charge of the loan in the Gyeonggi-do Fisheries Cooperatives for the victims of Gyeonggi-do, Gyeonggi-do, 103-125, Young-gu, Suwon-gu, 153-125, stating that “The Defendant concluded a sales contract for the house of KRW 120 million as the purchase fund of the house of KRW 100 million.”

As above, the Defendant made a false statement to the victim-in-law staff in charge of the cooperative, and received from the Dong on July 23, 2012 a gold of KRW 120 million from July 23, 2012 in the name of the Defendant’s bank account (Account Number: P).

Accordingly, the Defendant, in collusion with the above N, acquired money of KRW 120 million from the victim union in collusion with the above N.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made by the police to Q Q;

1. A loan transaction agreement, a statement calculating the value of security, a full certificate of registered matters, a sales contract, a certificate of employment, a certificate of tax payment, a written application for loan and an application for modification of conditions;

1. Inquiries about details of transactions by electronic financial transfer and A Internet details of transactions;

1. Application of Acts and subordinate statutes to each investigation report (Evidence No. 1, No. 87, No. 90)

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