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(영문) 서울남부지방법원 2014.03.28 2014고단134

사기

Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of three million won.

Defendant

B does not pay the above fine.

Reasons

On August 28, 2008, Defendant A was sentenced to ten months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Daejeon District Court on May 26, 2009, and the execution of the sentence was terminated at the wooden Prison on May 26, 2009. On September 28, 2011, Defendant A was sentenced to eight months of imprisonment with prison labor at the Suwon District Court for the same crime and was sentenced to dismissal of appeal at the same court on December 15, 201, and the said judgment became final and conclusive on December 23, 2011. On June 28, 2013, Defendant A was sentenced to one year of imprisonment with prison labor at the Seoul East District Court for the same crime and became final and conclusive on the same day after being sentenced to dismissal of appeal by the Supreme Court on July 23, 2013.

Defendant

B On October 11, 2013, the Seoul Western District Court sentenced two years of imprisonment with prison labor for a crime of fraud at the Seoul Western District Court, and the said judgment became final and conclusive on October 19, 2013.

Punishment of the crime

In order to stabilize the housing of homeless workers, the Ministry of Land, Infrastructure and Transport operates a system that lends workers' entire house rent funds at a rate lower than the market interest rate without securing collateral. D is a lending business operator who acquired workers' entire house rent funds by deceptive means by making false documents related to employment and a house rent contract with a financial institution entrusted with loan-related business through formal examination, using the fact that only submission of documents related to employment and a house rent contract can easily obtain loans.

Defendant

A around August 2010, it made it difficult to borrow a financial institution loan in a normal way, and it made the above D's documents related to employment and the house lease contract in a false manner, and conspired to have it divided by borrowing workers' house lease fund.

D around that time, Defendant A prepared documents related to his false employment, such as the fact that Defendant A is an employee of (ju) E, a certificate of employment in the name of F, a representative director.

Defendant

B accepted the proposal from G to make a false housing lease contract at the same time, and accepted the proposal from G to make a lessor's role.