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(영문) 광주지방법원 2018.12.18 2018고단4299

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

E (one person, G), H, I (one person J), K, L, M, etc. is a person who has worked as a member of the fraud group of all loan loans. N is a person who has participated in the crime of the fraud group with a false lessor, and the defendant is a false lessee who has participated in the crime of the fraud group.

E, in the case of “National Housing Fund loan” handled by a bank at the time of a mid-term loan, the lending of the loan to the bank itself. Since the Korea Housing Finance Corporation guarantees the amount of 90% of the loan, the lending examination and collection procedures are not strict compared to other loans, the lending company, such as E, etc. recruited lessee who applies for a loan on a deposit basis, lessor who will conclude a lease contract by fraudulent means, lessor who will be able to enter into a lease contract, tenant who will be able to engage in a disguised employment, and then conspired to acquire the loan by deceiving the bank by manipulating documents as if the lessee actually entered into a lease contract and works for the company. E, as the total liability of the lending fraud group, prepares relevant documents, such as a false lease contract, payment statement, etc. after determining the amount of the loan, and prepares a false loan contract, H, I, and K will arrange the entire process of lending until the loan becomes final, and L will perform a role of creating a false real estate rental contract as a certified real estate intermediary, which will perform a role of making a false public offering of a real estate rental contract.

According to the foregoing public offering, H excluded the Defendant who will act as a prospective tenant at an insular place located in Msan around August 2013, and E is working at the general affairs division of the O office around that time from April 1, 2013 to October 7, 2013, and the Defendant is working at the general affairs division of the O office. < Amended by Presidential Decree No. 24690, Apr. 4, 2013>