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(영문) 서울남부지방법원 2015.05.27 2014고단4760
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

Reasons

Punishment of the crime

Defendant

B On October 31, 2013, the Seoul Northern District Court was sentenced to two years of imprisonment for fraud, and the said judgment became final and conclusive on March 7, 2014.

Defendant

A accepted A’s proposal to the effect that “A, on February 2012, was unable to borrow money from a bond company as a collateral, it would allow F to obtain a loan at a face of the fee,” and that “I shall enter into a lease contract in the name of a Party to obtain a loan due to low credit rating because of low credit rating.”

Meanwhile, around September 201, Defendant B promised to provide loans from the foregoing “F” that he/she had become aware of the advertisement of the rice Luxembourg market loan, and delivered a certified copy of his/her resident registration and a certificate of personal seal impression, etc. to “F”, and “F” registered the transfer of ownership in the name of Defendant B on December 14, 201, Seoul Special Metropolitan City, Nowon-gu apartment 212 Dong 107.

The Defendants conspired to obtain loans from financial institutions as collateral by pretending that Defendant A leased the above G apartment in the above Defendant B’s name in KRW 100 million, and acquired the above lease deposit refund claim from financial institutions.

At the I Office located in Seoul Special Metropolitan City, Nowon-gu on March 1, 2012, the Defendants and the above “F” made a false apartment lease contract under the presumption that Defendant A concluded a lease contract for the deposit of KRW 100 million on the deposit basis of the above G apartment No. 212 10,000,000 in the name of Defendant B. On March 13, 2012, the Defendant submitted a letter of loan application, loan transaction agreement, apartment lease contract, and a copy of the register of building land to the J who is the loan officer in charge of the Seoul Special Metropolitan City, the Plaintiff and the above “F” leased the above G apartment No. 100,000,000 won in the deposit. The Plaintiff transferred the above claim for refund of KRW 100,000,000 to A.

However, the facts are as follows.

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