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(영문) 서울서부지방법원 2014.06.19 2014고단821

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

After the Defendant became aware of the so-called “work loan” business entity that received a loan from a financial institution by making a false document through site search, and conspired with C, D, E, etc., the above business entity. The fact was that the Defendant, although there was no fact that the Defendant entered into a charter contract on the apartment owned by F, entered into a false apartment lease contract with the said apartment and received a loan from a financial institution as security, as if the Defendant entered into a charter contract with the said apartment, and paid the lease deposit.

On August 28, 2012, the Defendant, in collusion with C, D, E, etc., submitted a false apartment lease contract prepared as if the Defendant had a deposit amount of KRW 120 million with respect to G apartment 4 and 806, Suwon-si, Suwon-si, Gyeonggi-do, that the employee in charge of the above bank loan submitted a false apartment lease contract prepared as if he had a deposit amount of KRW 120 million with respect to the G apartment 4 and 806, the Defendant paid a deposit amount of KRW 120 million to the building owner and resides in the lease at the former age. The obligation to provide the lease deposit as security is changed.

However, the Defendant did not actually conclude the above lease contract, and the deposit was not paid, and even if the loan was executed, the Defendant did not have the intent or ability to pay the principal and interest normally.

The Defendant, in collusion with C, D, E, etc., by deceiving the said employee and obtaining the approval of the loan from the said employee, and transferred KRW 70 million, which is the ownership of the victim bank, to the Korean bank account opened in the name of the Defendant on August 29, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol concerning the examination of suspect C by the prosecution;

1. Application of the loan transaction agreement, the details of the account transaction with the Korean bank, the apartment lease contract, and the Acts and subordinate statutes on receipt of deposit money for the lease;

1. Article 347 (1) or 30 of the Criminal Act applicable to the crimes. Article 347 (Selection of Imprisonment)