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(영문) 수원지방법원 2018.11.08 2018고단1663

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for six months.

Reasons

Punishment of the crime

Defendant

A, around September 2013, the Internet loan advertisement, which became known through the Internet loan advertisement, solicited “C” to act as a tenant for the crime of fraudulent act of borrowing money borrowed from a false employee, and consented to it. On September 2013, Defendant B recommended “D” to act as a lessor for the above fraud.

Defendant

A, around October 2, 2013, at the F Authorized Brokerage Office in Osan City, along with “C” and “D,” a false apartment lease contract with the above content, even though Defendant A had not received a deposit of G apartment H from Defendant B for KRW 130,000,000,000,000 from Osan City, the fact was that Defendant A had not received a deposit of G apartment H from Defendant B.

After all, Defendant A, along with “C,” and around October 15, 2013, had been delivered KRW 90 million as a deposit account in the name of Defendant B as the deposit account around October 18, 2013, to an employee in charge of loans that could not know his name after entering the Mixed branch of J bank, Co., Ltd., Ltd. (hereinafter “C”), and applied for a loan of house lease. As such, the Defendant, who was in possession of the apartment lease contract prepared in falsity and prior to “C”, submitted a false certificate of employment, etc. as if he were in office in K, and received a delivery of KRW 90 million as a deposit for house lease on the basis of the deposit account in the name of Defendant B.

Accordingly, the Defendants conspired with “C” and “D”, thereby deceiving the victim and deceiving the victim, 90 million won.

Summary of Evidence

1. Defendant A’s legal statement

1. The defendant B's partial statement

1. A witness and M’s legal statement (as to Defendant B),

1. Personal Guarantee Director, an application for loan from the National Housing Fund, a loan transaction agreement, apartment lease contract, gold receipts under the lease contract, confirmation of subscription to the fourth social insurance, confirmation of source of income tax collection;

1. An investigation report (in relation to the details of transactions of N and O financial accounts, details of transactions of N Post Office Account, OP bank.