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(영문) 서울남부지방법원 2017.01.26 2015고단5113
사기
Text

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

Reasons

Punishment of the crime

The Defendant, while having entered into a housing lease contract, knew that there was a good to lend money for the lease of a house to a person who can be issued a letter of guarantee for a housing finance credit, and there is no intention to enter into a real estate lease contract, and there is no intention or ability to repay the money after receiving a loan for the lease of a house, the Defendant conspiredd with C and C, the owner of a house, etc. to obtain a loan as a loan for the lease of a house, by falsely preparing a lease contract, an employment certificate, etc. necessary for the loan, and to obtain it

On November 7, 2012, the Defendant submitted a lease contract and a certificate of employment, etc. prepared falsely with D, a principal agent, as if he/she had concluded a lease contract with the victim bank's name in the name of the employee in charge of lending the victim's bank at the location of the U.S. child in Gangnam-gu Seoul, Gangnam-gu, Seoul, the Defendant received 80 million won from the said employee and acquired the loan from the said employee.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A charter loan contract, a receipt, a certificate of employment, a statement of wage and bonus, a resident registration certificate, a marriage-related certificate, and a family relation certificate;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a written judgment against Bracker C's loan of a public offender);

1. Grounds for sentencing prescribed in Article 347 (1) and 30 (Selection of Imprisonment) of the Criminal Act in relation to the relevant criminal facts and the choice of punishment;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] general fraud (less than KRW 100 million) and the basic area (from June to one year and six months) (the person who is subject to special sentencing) of the sentencing criteria;

2. Determination of sentence: The crime of this case by the defendant in October is committed by many people in collusion with public funds for the stabilization of residence of homeless workers, and the crime of this case is committed by the public funds, and the quality of the crime is not good, and the damage is paid at all.

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