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(영문) 서울중앙지방법원 2016.10.26 2016고단5354

사기

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

The Defendant, B, and Hybro C conspired with the financial institution entrusted with the business related to the loan of the company's house leasing loan by means of acquiring the company's house leasing fund by submitting the documents related to the company's employment and the house leasing loan contract by easily obtaining the loan through a formal examination by making the documents related to the company's employment and the house leasing contract with the financial institution by falsity.

B, around June 26, 2014, at the E Real Estate Office located in Seocheon-gu, Seocheon-gu, Seoul, and the defendant, as if they actually concluded a lease agreement with the defendant, B entered into a false loan agreement with the lessor A, lessee B, and deposit KRW 150 million, as if they were to have actually entered into a lease agreement with the defendant.

On July 2014, B submitted an application for a loan of KRW 100 million to the employee in charge of loan of KRW 100,000,000,000,000, in the office of the vice-central branch office of the bank located in Seocheon-gu, Seocheon-gu, Seoul. In addition, B submitted an application for a loan of KRW 100,000,000,000,000.

However, in fact, B did not have worked as a worker of GEart, did not rent B as a whole the loan from the Defendant, and did not intend to use the loan as a deposit for lease on a deposit basis.

Accordingly, the Defendant, B, and C et al. conspired, as seen above, deceivings employees under the name of the subordinate branch of the victim bank in Korea, and then deceivings the victim by receiving KRW 100 million from the victim to the Defendant’s corporate bank bank account on July 17, 2014, a loan of KRW 100 million for the house lease loan borrowed under B’s name.

Summary of Evidence

1. Defendant's legal statement;

1. The statements described in B and C in the suspect examination protocol (2, 2, 3) of the prosecution as to B;

1. Application of each police protocol to H and I;

1. Criminal facts;