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(영문) 대전지방법원 2016.09.09 2015고단4158

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for ten months.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

The Defendants received proposals from D, E, etc. to the effect that they receive and divide the loan of the lease fund by using the false lease contract, etc., and agreed to this, Defendant A, as a false lessee, Defendant B, and Defendant B, as a false lessor, conspiredd with D, E, etc. in order to acquire the loan by means of putting the fact that the examination of the loan of the lease of the lease fund of workers and the procedure for collecting the loan

On March 13, 2012, the Defendants: (a) at the office of “G Authorized Broker” located in the Jung-gu, Daejeon; and (b) even though Defendant A did not intend to rent and actually reside in an apartment, the Defendants prepared a false lease agreement with the lessor’s Defendant B regarding the lease of KRW 2 years of lease term of KRW 504, deposit amount of KRW 80,000,000,000 from the lessor’s Defendant B; and (c) around that time, Defendant A received a false certificate of employment issued by J, the representative of J, even though Defendant A did not have worked in I.

Defendant

A around March 20, 2012, at a new bank from Daejeon-gu Daejeon, Daejeon-gu, Daejeon-gu, to apply for a loan of KRW 56 million on a deposit basis by submitting a false lease agreement, false certificate of employment, etc. to an employee in charge of a new bank from the victim. A received KRW 56 million on March 30, 2012 from the victim to Defendant B’s account.

Defendants were issued KRW 56 million by deceiving victims in collusion with E, D, and J in sequence.

Summary of Evidence

1. Defendant A’s legal statement

1. Statement concerning the suspect interrogation protocol made by the prosecution against the defendant B;

1. Application of Acts and subordinate statutes in each item of lease agreement, loan agreement, and transaction statement;

1. Relevant Article 347(1) of the Criminal Act, Article 347 of the Criminal Act, Article 30 of the Criminal Act, and the choice of imprisonment for a crime;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant A of the community service order: Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] under the general fraud.