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(영문) 부산지방법원 2015.08.13 2015고단2013
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around May 2009, the Defendant: (a) received a proposal from a person (one name C) whose name was not known at the Busan Central District Court; and (b) accepted the proposal that “The Defendant would pay KRW 2 million as a case of lending the name necessary for the purchase and loan of real estate; and (c) instead, in order to receive the loan by iceing the purchase of housing with D, E, etc.

Around May 18, 2009, the Defendant, along with a person whose name is unknown (hereinafter “F”), purchased the above sub-loan amounting to KRW 129 million and submitted a false application for a housing purchase loan amounting to the above sub-affiliated employee who was working in the above sub-interest industry from February 25, 2008 to May 12, 2009, and submitted the false application for a housing purchase loan amounting to KRW 67 million from the victim under the name of the housing purchase loan, and received KRW 67 million from the victim under the pretext of the housing purchase loan, and delivered it to the above D, etc.

Accordingly, the defendant received property from the victim in collusion with the above D, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E by the prosecution;

1. Each police statement of H and E;

1. Application of an employment certificate, employment income withholding receipt, loan details, transaction details, real estate sales contract, market price confirmation, and account inquiry Act and subordinate statutes;

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the fact that there is no power to commit the same kind of crime, the fact that it appears that damage was partially recovered, and the degree of participation in the instant crime, etc.);

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