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(영문) 서울북부지방법원 2016.11.23 2016고단4432
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Ministry of Land, Infrastructure and Transport has operated a housing charter loan system (the change to the "turb fund loan" of January 2015) that provides loans at a rate lower than the market interest rate if a loan is filed with only certain documents, such as a certificate of employment without any special security, a statement of salary, etc., and a lease contract, to stabilize the housing of homeless workers with financial resources from the National Housing Fund.

However, the fact that the financial institution entrusted with the affairs related to the loan for lease on a deposit basis provides a loan and provides a loan to a false lessee and a person who will act as a false lessor. The loan brokers, after recruiting false lessee and a person who will act as a false lessor, shall prepare a false certificate of employment and a lease contract to the lessee, who is the nominal lender, and the false lessee shall file an application for the loan for lease on a deposit basis with the financial institution as above. The false lessee shall cooperate in preparation of the lease contract and submit documents related to employment and a lease contract to the financial institution, and the lessor shall cooperate with the preparation of the lease contract, and if there is a request for confirmation as to the existence of the lease contract from the financial institution, he/she shall enter into a contract with each other in order to commit the act of borrowing a loan by applying for the loan for lease on a deposit basis and receiving the loan.

Specific criminal facts D(police investigation) play a role in lending funds fraud by ordering a false lessor or lessee to participate in a loan fraud by advertising that a person with lower credit rating can borrow money, and ordering E to forge to submit documents when applying for a loan, and E(police investigation) is accompanied by forged documents such as a certificate of employment submitted along with the loan application.

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