2015 Highest798 Fraudulent

1. A;

2. B

3. C.

4. D;

5. E.

6. F;

7. G.

Kim Jong-ho (prosecutions) and Cho Jong-sung (Trial)

Attorney H (private election for Defendant A)

Attorney I (private ships for defendant B)

Attorney J (private-party for defendant C)

Attorney K (Defendant D and C)

Attorney L (Apon for Defendant F)

Attorney M, N (private ships for defendant G)

June 9, 2015

Defendant A shall be punished by imprisonment with prison labor for one year, by six months, by Defendant C, D and E, by imprisonment with prison labor for seven months, and by imprisonment with prison labor for four months.

However, the execution of the above sentence against Defendant B for a period of two years from the date this judgment became final and conclusive, and the execution of the above sentence against Defendant F for a year.

Seized evidence Nos. 1, 6, and 7 shall be confiscated from Defendant A.

Criminal facts

The Ministry of Land, Infrastructure and Transport is operating the system of lending the entire house loan to workers at a rate lower than the market interest rate if the Minister of Land, Infrastructure and Transport applies for a loan with only certain documents such as a certificate of employment, detailed statement of salary, etc. without any special security to stabilize the housing of homeless workers with financial resources from the National Housing Fund.

그러나, 근로자 주택전세자금 대출 관련 업무를 위탁 받은 금융기관이 형식적인 심사만 하고 대출을 해 준다는 사실을 알고, 대출브로커들은 허위로 임차인과 임대인 역할을 하는 사람들과 함께 근로자 주택전세자금 대출금을 가로챌 것을 모의하였다.

Accordingly, loan broscers made a false contract with respect to a tenant, who is a name holder of a loan, and made a false contract with the content of the false employment-related documents and the false contract with the lessee, and the false lessee submitted documents related to the false employment and the house lease contract with the financial institution as above, and applied for the loan of the house lease to the employee while submitting the house lease contract with the financial institution, and the false lessee who is a lessor has confirmed that the contract was actually entered into if the request for confirmation is made by the financial institution, he/she applied for the loan of the house lease and received the loan of the employee house lease to take over the loan after divided the loan.

? Specific criminal facts ?

1. Defendant A’s crime;

A. The Defendant, as a false lessee, received a loan for the employee deposit money in the above manner, along with a loan 'O', etc., and conspired to divide it into two.

According to the above public invitation, the defendant sent "O" to the non-permanent location on February 2014, and "0" et al. prepared false documents such as certificate of employment, income tax withholding receipt, payment statement, etc. as if the defendant was in the presence of P, and the defendant and "0" et al. prepared a false pre-tax contract for "Y" of "Y", "Y" et al. of the apartment owner Q Q 204, 404, 204.

After that, on March 2014, the Defendant submitted a false certificate of employment and a charter party contract to the employees in charge of loan as if they were actually prepared, and applied for a loan of the National Housing Fund amounting to KRW 80 million as if they actually used the loan as a deposit for lease.

However, in fact, the above certificate of employment and the contract of lease on a deposit basis were falsely prepared, and the defendant did not intend to use the loan as the deposit on a deposit basis.

Ultimately, the Defendant, in collusion with 'O', by deceiving the victim as above, and was transferred from the victim to Q’s account opened in Q name around March 20, 2014 as a loan for full-time employee loan.

B. The Defendant, along with loan brobeer, obtained a loan of the employee deposit money by the above method, and conspiredd to divide it into two types. According to the above public offering, the Defendant introduced 0 "0" at a non-permanent place around June 2014, and notified 0 "0" to '0, and the Defendant and 'O' et al., as if they were in this state T, falsely prepared relevant documents such as the certificate of employment, income tax withholding receipt, payment statement, etc. as they were written to '0,000,000 won of the apartment owner's address V, and the apartment owner's address V, by proposing that he would receive a loan of the employee deposit money, and would receive a loan of the employee deposit money from the National Housing Fund, and then prepared a false loan contract of '0,000,000 won in Busan High-gun, Busan High-gun, 305dong apartment apartment 1402', which was prepared with the Defendant's loan 80,014.

However, in fact, the above certificate of employment and the contract of lease on a deposit basis were falsely prepared, and the defendant did not intend to use the loan as the deposit on a deposit basis.

After all, the Defendant, in collusion with S or 'O', by deceiving the victim as above, and was transferred from the victim to the corporate bank account opened in U on June 26, 2014 under the name of loans for full-time workers, 80 million won.

2. Joint crimes committed by Defendant A and D;

Defendant A, Defendant D as a false lessee, and Defendant D as another lender’s 'O', etc. in the above manner, and offered to divide them by borrowing the employee’s lease fund into two parts.

In accordance with the above public invitation, Defendant A introduced Defendant D with ‘0' at an insular location around June 2014, or Defendant D', and Defendant D informed Defendant D of his personal information to “0's, etc. Defendant A and “0', etc. Defendant A and “0, etc., etc., which were falsely prepared as if Defendant D were in attendance in (State)T, including a false certificate of employment, income tax source collection receipt, payment statement, etc., Defendant D, and Defendants and “0, etc.,” written a false lease contract for “103, 1306, 103, 103, and 1306, 200.”

After all, the Defendants submitted to the employees in charge of loan at the Jin-si branch of the Victim's Bank of Korea on June 2014, 2014 a false certificate of employment and a lease contract as mentioned above, as if they were actually prepared, and applied for a loan of the National Housing Fund loan amounting to KRW 80 million as if they were actually used as a deposit for lease.

However, in fact, the above certificate of employment and the pre-paid contract were prepared falsely, and the defendants did not intend to use the loan as the pre-paid deposit.

After all, the Defendants conspired with 'O', etc. to deceiving the victim as above, and then transferred 80 million won from the victim to the national bank account opened in the name of 'OX' on July 4, 2014.

3. Joint crimes committed by Defendant A and B;

Defendant A, Defendant B, a false lessee, and other loan 'O', etc. in the same manner as above, offered a loan for employee deposit money, and offered them by dividing them into two.

According to the above public offering, Defendant B made a false lease contract for the apartment owner AB and 1309 of the Seo-gu AC apartment in Busan Metropolitan City. Defendant A and 10 prepared false documents, such as the certificate of employment, income tax withholding receipt, payment statement, etc., as Defendant B entered AA, as if Defendant B entered AA., and Defendants and 20 prepared false lease contract for the apartment owner AB.

After that, on July 2014, the Defendants submitted a false certificate of employment and a pre-paid contract to the employees in charge of the loan as seen above, and applied for the loan of the National Housing Fund of KRW 70 million when they actually use the loan as a pre-paid deposit. However, the above certificate of employment and pre-paid contract were made false, and the Defendants did not intend to use the loan as a pre-paid deposit.

After all, the Defendants conspired with ‘0', etc. to deceiving the victim as above, and then transferred 70 million won from the victim to the Busan Bank account opened in the name of AB on July 21, 2014 as a loan for full-time employee loan.

4. Joint crimes committed by Defendant A and G;

Defendant A obtained a loan of the employee deposit money in the above manner with a loan broker, Defendant G as a false lessee, and another loan broker 0, etc., and offered them by dividing them into two.

According to the above public offering, Defendant A introduced 'O' at a non-permanent location around March 2014, and Defendant G notified 'A' to 'A', Defendant G and '0, etc. as if Defendant G was present at 'AD', Defendant A and 'O' prepared false documents, such as a certificate of employment, income tax withholding receipt, payment statement, etc. as if Defendant G were present at 'AD', and Defendants and 'O' prepared false pre-tax contract for 'AF apartment 506, 'E and 'O' with the apartment owner AE and 'AF apartment 506', and the Defendants were '0,000,000 won at the Busan Central Financial Center of the Victim's Busan Central Bank of Korea on April 2014 and applied for loans from the National Housing Fund as if they were actually used as a pre-tax deposit.

However, in fact, the above certificate of employment and the pre-paid contract were prepared falsely, and the defendants did not intend to use the loan as the pre-paid deposit.

Ultimately, the Defendants conspired with “0”, etc., and by deceiving the victim as above, transferred KRW 60 million from the victim to the Agricultural Cooperative account opened in the name of “E” as a loan for full-time employee loan around April 30, 2014.

5. Joint crimes by Defendant C and F

Defendant C, a false tenant, Defendant F, with a loan hub AG, “O,” etc. as a false lessor, and offered to divide them into two by the following methods.

According to the above public offering, AG introduced 0's "0 by informing Defendant C of the method of receiving the loan of the pre-paid employee loan in a false place on May 2014, and Defendant C notified Defendant C of 0's personal information while '0', "0', etc., and "0", etc. prepared false documents, such as the certificate of employment, income tax withholding receipt, payment statement, etc., as Defendant C entered in the state, as if Defendant C entered into the state, and Defendant F made a false pre-paid contract on the apartment owned by Defendant F, with “O,” or with "0 to receive part of the pre-paid employee loan," etc., and then prepared a false pre-paid contract on the pre-paid apartment owned by Defendant C and Changwon-gu AH apartment 103 Dong 1106.

After that, on June 2014, Defendant C, along with “O, submitted a false certificate of employment and a lease contract as if the employee in charge were actually written, to the employees in charge of the loan, and applied for the loan of the National Housing Fund amounting to KRW 80 million as if he actually used the loan as a lease deposit.

However, in fact, the above certificate of employment and the pre-paid contract were prepared falsely, and the defendants did not intend to use the loan as the pre-paid deposit.

After all, the Defendants conspired with AG and AB, etc., by deceiving the victim as above, and then transferred KRW 80 million from the victim to the post office account opened in the name of Defendant F, around June 13, 2014.

6. Defendant E’s crime;

As a false tenant, the Defendant received a loan for the Workers' Lease Fund in the above manner, along with a loan hub AG, 'O', etc., and conspired to divide it into two.

According to the above public offering, AG introduced "0" by informing the defendant of the method of borrowing the loan of the fund for pre-paid workers at an unsound place on May 2014, and the defendant informs him/her of his/her personal information to "O, etc.", "0" et al. as the defendant entered AA, and "the defendant and "0" et al. prepared a false pre-paid contract for "AJ 1503, 1503, 103, 103, 103, 103, 103, 100, etc. of the owner of the apartment."

After that, on July 2014, the Defendant, along with “0”, submitted to the employees in charge of the loan, a false certificate of employment and a pre-paid contract, etc. as seen above, to the employees in charge of the loan, and applied for the loan of the National Housing Fund of KRW 90 million as if they actually used the loan as a pre-paid deposit. However, the above certificate of employment, pre-paid contract, etc. was prepared falsely, and the Defendant did not intend to use the loan as a pre-paid deposit.

After all, the Defendant, in collusion with AG and 'O', by deceiving the victim as above, and then transferred 90 million won to the Busan bank account opened in the name of AI around July 18, 2014 as a loan for full-time employee loan.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect examination protocol for AG,Y, AJ, V, AB, and Q;

1. Each police statement of the AL, AM, andN;

1. Seizure records;

1. Guidelines for the guarantee service of fund under the lease;

1. Each certificate of employment;

1. Each detailed statement of benefits;

1. Each written confirmation of eligibility for health insurance;

1. Each fourth social insurance policyholder's written confirmation on details of subscription;

1. Certificates for respective income tax withholding;

1. Each lease contract;

1. Each lease contract;

1. An application for each loan;

1. Each loan transaction agreement;

1. Details of transactions in each passbook;

Application of Statutes

1. Article applicable to criminal facts;

Articles 347(1) and 30 of the Criminal Code

1. Selection of punishment;

Each Imprisonment Selection

1. Aggravation of concurrent crimes (Defendant A);

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution (Defendant B, F);

Article 62 (1) of the Criminal Code

1. Confiscation (Defendant A);

Article 48(1) of the Criminal Act The reason for sentencing

○ Defendant A

[Extent of Recommendation] Type 2 (at least 100 million won, less than 500 million won) of General Fraud Area (at least 2 years to 6 years)

[Special Persons] The case where the Criminal Code is very poor or the case where a crime was committed by deceiving the court in the trial procedure.

【Written Circumstances】

Basic matters: The details and contents of the crime, and the unfavorable circumstances such as the amount of fraud: The fact that there is a high possibility of criticism as a case of acquiring public funds by means of document forgery, etc., and the fact that it takes part in the crime of other false lessees through several times as well as in the fraud of loans

- A favorable circumstances: A principal offender who has played a key role such as planning a crime and providing forged documents exists separately; a principal offender, other than a crime by deceiving 80 million won as a false lessee, is mainly involved in passive participation such as linking principal offenders with other false lessees; and the actual amount of profit out of the total amount of fraud is only the amount of 24 million won out of the amount of loan borrowed under his own name and the amount of money which is less than the amount of money which is the sum of million won due to taking part in the crime of other false lessees;

【Determination of Sentence】

A year of imprisonment (a minor sentence than the above recommended sentence in consideration of the above circumstances) of this defendant B

[Extent of Recommendation] In a case where the basic area of category 1 (less than 100 million won) (the person who is subject to special mitigation) (the person who is subject to special mitigation)) is not subject to punishment, or has been recovered from considerable damage / In a case where the Criminal Procedure Act is very poor, or the court is deceiving the court in a trial procedure, thereby committing a fraudulent crime in a lawsuit.

[False Circumstances] Basic Matters: The details and the amount of the crime committed and the amount of the defraudation, etc. that is low to criticize the public funds by using document forgery, etc.

A favorable circumstances: A principal offender who has performed a key role, such as planning a crime and providing forged documents, exists separately; the actual amount of profit out of the acquired amount is only 20,700,000 won; and the actual amount of profit out of the acquired amount is paid to the victim in excess of the actual amount of profit;

【Determination of Sentence】

Six months of imprisonment and two years of suspended execution;

○ Defendant C, D, E

[Extent of Recommendation] General Fraud Area of Type 1 (less than 100 million won) (one to two years)

[Special Persons] The case where the Criminal Code is very poor or the case where a crime was committed by deceiving the court in the trial procedure.

【Written Circumstances】

- Basic matters: The details and contents of the crime and the unfavorable circumstances such as the amount of fraud: The fact that there is a high possibility of criticism as a case of defrauding public funds by using document forgery, etc.

· favorable circumstances: (a) there is a separate principal offender who plays a key role, such as planning a crime and providing forged documents; and (b) the actual amount of profit out of the defrauded amount is only 20-30%;

【Determination of Sentence】

Each of seven months of imprisonment (a minor sentence of imprisonment, taking into account the above circumstances, shall be imposed).

○ Defendant F

[Extent of Recommendation] Type 1 (less than 100 million won) increase area (one to two years)

[Special Persons] The case where the Criminal Code is very poor or the case where a crime was committed by deceiving the court in the trial procedure.

【Written Circumstances】

- Basic matters: Details and contents of the crime, amount of fraud, etc.

- Unfavorable circumstances: The fact that there is a high possibility of criticism as a matter of acquiring public funds by using document forgery, etc.

A favorable circumstances: A separate principal offender who plays a key role, such as planning a crime and providing forged documents, and the actual amount of profit out of the acquired amount is only six million won.

【Determination of Sentence】

four months of imprisonment and one year of suspended execution (the sentence of a minor fine than the above recommended sentence in consideration of the above circumstances)

○ Defendant G.

[Extent of Recommendation] Type 1 (less than 100 million won) of General Fraud Area (1 to 6 months)

[Special Persons] The case where the Criminal Code is very poor or the case where a crime was committed by deceiving the court in the trial procedure.

【Written Circumstances】

- Basic matters: Details and contents of the crime, amount of fraud, etc.

- Unfavorable circumstances: The fact that there is a high possibility of criticism as a matter of acquiring public funds by using document forgery, etc.

A favorable circumstances: A principal offender who has played a key role, such as planning a crime and providing forged documents, exists, and the actual amount of profit out of the acquired amount is only 14 million won.

【Determination of Sentence】

Imprisonment with prison labor for six months (a minor sentence heavier than the above recommended sentence in consideration of the above circumstances)

Judges Yellow Major