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(영문) 인천지방법원 2016.08.26 2016고단1435 (1)

사기

Text

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

Reasons

Punishment of the crime

The defendant is between C and father(child), and D is between C and branch, and E is the defendant and the father.

D, as a broker for loan C, the owner of the house, the defendant, the owner of the house, the owner of the house, and the owner of the false lessee's interest loan application, the role of C to prepare a false lease contract between E and D, the role of the defendant to arrange E, the owner of the house to conclude a false lease contract, the role of E to provide the house to conclude a false lease contract after receiving a fee, and D to borrow a loan from a financial institution in order to acquire the loan from a financial institution by performing the role of lending the lease fund between the lease contract and the lease contract made by falsity.

Accordingly, on August 2014, the Defendant would lend a house to E in a restaurant located in Changwon-si to obtain a loan for Jeonwon-si (hereinafter referred to as “Seoul Special Metropolitan City”).

“Around August 14, 2014, by being provided with E’s “F loan G from the window of Changwon-si,” and arrange for E to prepare a false lease contract, E provides the said house to C, C prepares the said false lease contract form with D, E as a real estate brokerage office, and deliver it to D, and D submits a false lease contract form, at the request of the victim I bank, located in Seongbuk-gu, Changwon-gu, Changwon-si, Seoul, for a loan of the entire loan, at the center of the victim I bank.

As such, the Defendant, in collusion with C, D, and E on August 14, 2014, deceivings employees of the victim and received KRW 80 million from the victim under the pretext of loans prior to the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and D;

1. Some statements made in the suspect examination protocol concerning E or D by the prosecution;

1. Statement made by the police for E;

1. An apartment charter contract, confirmation of objects of brokerage, explanation, transaction details, agreement on the cancellation of a lease agreement, letter of commitment, receipt, written consent to the establishment of a pledge, and a letter of commitment to the return of the borrowed deposit (the defendant and his defense counsel are merely E.