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(영문) 수원지방법원 안산지원 2019.02.13 2018고단4103

사기

Text

Defendant

A shall be punished by imprisonment for eight months, by imprisonment for two years, and by imprisonment for two years.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B On May 8, 2014, the Seoul Eastern District Court sentenced two years of suspension of the execution to eight months of imprisonment for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, which was finalized on June 11, 2015. On March 14, 2017, the Seoul Central District Court sentenced three years of suspension of the execution to one year of imprisonment for fraud, etc., and the judgment was finalized on July 5, 2017.

Defendant

B, around August 30, 2013, under C’s name, at the auction of the “YYD D building E,” the Defendants offered that “I will use the leased fund as security by soliciting false lessees, making a false lease contract, and obtaining a loan as security.” On October 2014, the Defendants offered that Defendant A will use the leased fund as security by acquiring a false lease contract for the said subparagraph that Defendant A’s wife F as a lessee around December 2014.

Accordingly, on December 30, 2014, the Defendants prepared with F a house lease contract and a receipt stating that “a lessee of Yeongdeungpo-gu D Building E shall lease KRW 17 million to F for two years from January 15, 2015 at the H office located in Yeongdeungpo-gu, Young-gu, Young-gu, G, and that “A lessee of the said D Building E shall lease KRW 200 million to F for two years from January 15, 2015.” On January 2, 2014, the Defendants submitted the said lease contract and receipt to the lender of the victim bank, and filed an application for a premised loan in the name of F.

However, the Defendants, C, and F did not conclude the lease contract for the above subparagraph E, and Defendant A and F did not have occupied the above subparagraph E or paid the lease contract amount to the above Defendant B or C.

Nevertheless, the Defendants, in collusion with F, deceiving the victim bank as above, and deceiving the victim.