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(영문) 의정부지방법원 2016.10.17 2016고단2129

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, along with Nonindicted Party C, assumed the role of a false tenant in obtaining a loan for a lease on a deposit basis using a false certificate of employment, false lease contract, etc., and the Defendant shared a mutual role in taking charge of a lessor’s role in a false lease, and conspired to have the loan D and workers’ lease on a deposit basis by obtaining a false loan for a lease on a deposit basis.

Accordingly, at the F Licensed Real Estate Agent Office located in Gangseo-gu Seoul Metropolitan Government on July 27, 2015, the Defendant: (a) made his/her ownership “G 201” prepare a false lease contract as if he/she actually concluded a real lease contract with C; and (b) transferred D transferred his/her false employment certificate under the name of H representative I necessary for the application for a worker’s pre-paid loan in order to pretend that C is a worker of H around that time; (c) transferred his/her false employment certificate under the name of H representative I necessary for the application for a worker’s pre-paid loan; and (d) the income tax withholding certificate

C On August 8, 2015, when applying for a loan of the National Housing Fund loan of KRW 70,000,000 to the employee in charge of loan from the National Housing Fund at the Hansan branch of the Korea National Housing Fund, it submitted an application for the loan from the National Housing Fund and the application for the credit guarantee from the Korea Housing Finance Corporation along with the aforementioned falsely prepared lease contract, employment-related documents, etc. while acting as if he had worked in H and had been used as a security deposit.

Accordingly, the Defendant, in collusion with C and D, obtained a loan from the said bank staff to the Agricultural Cooperative Account in the name of the Defendant on August 10, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect C by the prosecution;

1. A protocol concerning suspect examination of D;

1. Statement of D police statement;

1.Each.