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(영문) 부산지방법원 2012.10.17 2012고정4051

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, in its credit position, reported the advertisement from the location of living information, etc. that he would be unable to obtain a loan from a financial institution in a normal way, and sent the phone to the loan brokerage office operated by B, and sought an explanation that C would have been able to obtain a lease deposit and lease a house owned by the Defendant from B and its employees, in collusion with B, and received a lease loan and divided it.

C, around May 11, 201, at the location of the new bank located in the Busan Soksan-dong, Busan Soksan-dong, C, with a false document, such as a real estate lease contract, certificate of employment, etc., that a house located in the Busan Soksan-dong, which is owned by the Defendant from a loan brokerage employee, is leased in the amount of KRW 50 million, and submitted to the employee in charge of loan for the branch loan of the victim bank, along with a loan application.

In addition, the Defendant, even though he did not rent the above house to C, stated that he was the staff in charge of the victim bank, and that he was the employee in charge of the above loan, deposited the amount of KRW 30 million from the branch office of the victim bank Solsan Bank in the name of the Defendant in the name of the first bank account in the name of the Defendant on May 13, 201, and the Defendant acquired the remaining amount of KRW 7.5 million and KRW 14 million in the name of the commission.

Accordingly, the defendant was given property by deceiving the victim bank in collusion with B, C, etc.

Summary of Evidence

1. A protocol of examination of each police suspect against the defendant, C, or B (including copies thereof);

1. Application of Acts and subordinate statutes to the details of transactions of deposits in C, copies of application for loans, copies of real estate lease contract, copies of certificate of employment (C), and copies of certificate of lease contract;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;