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(영문) 서울동부지방법원 2014.08.29 2013고단940

사기방조

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant is the husband of D’s charge.

D has made a false lease contract and made it possible for a bank to deceive the National Housing Fund to acquire the loan fund by deceiving the bank.

D, around November 19, 2010, as E, filed an application for a loan of the lease fund with E from the location of the New Bank in the Changdong-dong, Dobong-gu Seoul Metropolitan Government as the applicant, and on October 23, 2010, E submitted a false real estate lease contract, a false lease contract document, a false lease contract document, and a false move-in resident registration certificate of E, a false move-in report, etc. < Amended by Presidential Decree No. 22426, Oct. 23, 2010>

D As such, by deceiving a staff member in charge of loans from a new bank that is a victim corporation, and then being transferred from a victim to a national bank account in the name of the defendant used by D as a whole as a loan fund.

(2) Around November 18, 2010, the Defendant: (a) knew that E does not actually reside in the above F apartment; (b) on November 18, 2010, the Defendant: (c) stated the Defendant’s name in the column of confirmation following the phrase “(s) of the above lease agreement between A and E, a lessee, and assisted and abetted the Defendant by facilitating D’s fraud by entering the name of the Defendant in the column of the lessor’s name in the letter of confirmation of the lease agreement stating the false details (hereinafter “written confirmation of the instant facts”); and (d) signing the name of the Defendant in the name of the lessor of the document of confirmation of the lease agreement (hereinafter “written confirmation of the instant facts”).

2. The defendant's appeal and judgment

A. The defendant's defense counsel and the defendant's defense counsel were requested by the defendant to have the signature in the lease agreement due to the change of tenant D.