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(영문) 수원지방법원 2015.04.15 2014고단5747
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant submitted related documents as if he leased a house with a person with a false name, and received money from the victim Han Bank Co., Ltd. as a loan from the victim Co., Ltd. to use it in installments.

On April 29, 2013, the Defendant entered into a lease agreement with the D Licensed Real Estate Agent Office located in Osan-si C on April 29, 2013, under the condition that the lease agreement was concluded on May 13, 2013, with E, for the rental deposit amounting to KRW 160 million, the down payment amounting to KRW 16 million, and the remainder amounting to KRW 140 million.

On May 13, 2013, the Defendant submitted a false statement to the injured party, who was the director in charge of the loan at the Osan-dong branch of the victim bank, located 54 U.S. in the 54 Osan-si 2013, stating that “I will pay the remainder of KRW 72 million after the loan of KRW 160,000,000,000 for the lease deposit.” The Defendant submitted a certificate of employment of G, the certificate of income tax withholding, the certificate of income tax withholding, the contract for the lease on a detached house, etc., which was prepared by the unqualified party.

However, in fact, the defendant was merely intended to receive a loan from the entire loan and to use it as living expenses, etc., and did not have the intention to lease E's house, and did not have worked in the above G.

On May 13, 2013, the Defendant: (a) by deceiving a person in charge of lending of a victim company; and (b) received 72 million won out of the above loans on the ground of the termination of a lease contract to E on the ground that he/she transferred 72 million won from one bank account (H) under the name of lessor E to the account of one bank (H) under the name of lessor E; and (c)

Accordingly, the defendant, in collusion with a person who is not aware of his name, acquired 72 million won from the victim bank.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1.As to I.

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