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(영문) 서울북부지방법원 2016.11.24 2016고단4318
사기
Text

Defendants shall be punished by imprisonment for one year.

However, for two years from the date this judgment became final and conclusive against the Defendants.

Reasons

Punishment of the crime

[Structureing to commit fraud of lending false house leasing loan ] The Ministry of Land, Infrastructure and Transport operates the system of lending of house leasing loan for workers who lend money at a rate lower than the market interest rate if the National Housing Fund 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 the financial resources of the National Housing Fund.

However, the fact that the financial institution entrusted with the affairs related to the loan of the deposit on a deposit basis conducts a fraudulent examination and lending, and the broscers, upon recruiting the false lessee and the person who will act as the lessor, shall prepare a false certificate of employment and a lease contract for the lessee who is the nominal lender, and the false lessee shall file an application for the loan of the deposit on a deposit basis with the financial institution as above. The false lessee shall cooperate with the preparation of the lease contract and make a request for confirmation as to the actual existence of the lease contract with the financial institution, and the lessor shall make a public offering of the loan fraud in order to perform each of the acts of fraud, such as making confirmation as if the lease contract was concluded, withdrawing the loan deposited to him/her, and distributing it.

[Specific criminal facts] E plays the role of falsely recruiting lessors or lessees who will participate in loan fraud loans by advertising that it is possible to lend money to unemployed persons with lower credit rating, and taking the total responsibility for loan fraud loans by ordering forgery of loan documents, and F provides false lessee with forged documents, such as certificate of employment attached to the application for loan, and G provides them with E as a driving engineer.

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