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(영문) 광주지방법원 2018.05.10 2018고단802
사기
Text

Defendants shall be punished by imprisonment for eight months.

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

Reasons

Punishment of the crime

Defendant

On January 18, 2018, A was sentenced to a suspended sentence of ten-month imprisonment for fraud at the Gwangju District Court, and the judgment was finalized on January 26, 2018. On January 18, 2018, Defendant B was sentenced to imprisonment with prison labor for fraud in the same court on January 18, 2018, and the judgment became final and conclusive on April 13, 2018.

After purchasing apartment houses in collusion with D, the Defendants were to obtain a loan from a third party by using a false third party occupant and to acquire it by fraud.

On July 4, 2014, the Defendants sent KRW 5 million to D, which is a part of the funds necessary for purchasing apartment units. D, using this, purchased apartment units 101 Dong 2402 in the name of spouse F, and on July 24, 2014, Defendant A and the said apartment units were in possession of false Jeonsese occupancy around July 24, 2014, prepared a written lease agreement of KRW 200 million with respect to the above apartment units, and around August 5, 2014, filed an application for a lease agreement with the employees in charge of lending the above lease agreement.

However, in fact, the Defendants and D prepared a false contract without the intention to actually conclude the lease contract, and the Defendants did not have any plan to move into the above apartment.

As above, the Defendants, in collusion with D, enticed the victim company, and followed it by obtaining a loan of KRW 160 million from the victim company on August 5, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. The Defendants and the D’s partial statements concerning the interrogation of the Defendants in each prosecutor’s office protocol

1. Investigation report (report accompanied by judgment of the complainant, D, etc.);

1. Account Statement - A of the passbook A, a copy of the real estate lease agreement -F, a copy of the principal and interest repayment certificate - a teaching life, a certificate of all registered matters -E;

1. Previous convictions: Inquiries into criminal history, investigation reports (reports on confirmation of details of criminal suspect B trial proceedings), investigation reports, and application of Acts and subordinate statutes to report criminal investigations (Attachment to suspect A judgment, etc.);

1. Article 347 of the Criminal Act concerning criminal facts and Article 347 (1) of the same Act concerning the selection of punishment;

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