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(영문) 서울중앙지방법원 2017.02.03 2016고합1181

사기등

Text

Defendant

A Imprisonment with prison labor for four years and for two years, respectively.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant

A is an employee in charge of the sale of G commercial buildings sold from around 2010 to around 2011, who entered into a lease agreement with F with each of the following employees: (i) 119 (the name of Dong H of Defendant A), 123 (the name of the head of Defendant A), 126 (the name of Dong H of Defendant A), and 219 (the name of Defendant A’s wifeJ of Defendant A), while working for the staff in charge of the sale of G commercial buildings sold from around 201 to around 201.

Defendant

B From around 2002 to August 2013, a person who acquired a lease contract as collateral from a person who was sold in the form of leasing a commercial building from the above state F for the purpose of “L Saemaul Bank” while working as a loan manager at the “L Saemaul Bank” located in the Dongjak-gu Seoul Metropolitan Government from around 2002 to around 2013 and was engaged in the business of repayment of the loan and maintenance of security rights.

1. The Defendant A’s sole crime: (a) around August 9, 201, the fraud Defendant was at the office of “L community credit cooperative,” and (b) the above 219 shop, which the Defendant leased from the Defendant F, was at the Defendant’s intermediate payment, and (c) the commercial building, despite the termination of the lease agreement around September 7, 2010, would normally have acquired the right of lease under the above 219, while submitting the lease agreement as security for the above 219 as well as having B, who is an employee of the Defendant L community credit cooperative, manage the loan business under the above 219, and was issued KRW 286,00,000 under the name of the loan around that time.

Accordingly, the defendant deceivings the victim, thereby deceiving 286,00,000 won.

2. The Defendants’ joint crime: (a) around February 2013, Defendant A requested Defendant B to remove the original copy of the lease agreement on the commercial building No. 119, which was kept as security against the victim’s “LS Saemaul Community Treasury” amounting to KRW 363,00,000; and (b) Defendant B consented thereto.

Accordingly, Defendant B around February 2013.