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(영문) 서울중앙지방법원 2016.02.18 2015고단265 (2)
사기
Text

Defendant

A Imprisonment with prison labor for ten months, for each of the foregoing subparagraphs B and C, shall be punished by imprisonment for eight months.

However, as to Defendant B and C, respectively.

Reasons

Punishment of the crime

Defendant

On June 16, 2010, A was sentenced to imprisonment with prison labor for a crime of larceny in Seoul Western District Court for two years, and the execution of the sentence was terminated on April 4, 2012.

1. In the case of “bank financing loans” that lend a loan to a lessee, the organization of the lending group and the solicitation of fraudulent means of lending, etc.: (a) however, the Korea Housing Finance Corporation has guaranteed the extent of 80% of the loan by itself; (b) thereby taking advantage of the fact that the procedures for the examination of the loan and the collection of the loan are not strict compared to other loans, the said loan was intended to obtain the loan by deceiving the bank by deceiving the lessee who applied for the lease fund (the nominal lender), the lessor who would make a false loan contract, and the lessor who would be capable of being employed by the disguised employment of the above loan applicant, and then making a false lease contract with the fraudulent lessee and forging to obtain the loan by deceiving the bank by means of manipulating the documents as if the false lessee actually worked in the company.

E As the total liability of the sub-loan fraud group, the E has the management officer of the corporation to create false lessors, fraudulent lessees, and loan-related documents, and operated the corporation F.

G or H Operation of Company H

I, the operation of JA

K plays a role of falsely supplying related documents as if the above tenant did not actually work for each company, but at a certain price, the tenant was 40%, 10%, 5-10%, and 5-10%, and the remainder was divided by E, etc.

2. Although Defendant A did not have actual intent to enter into a lease agreement with Defendant A, and Defendant A did not have worked in F, a stock company run by G, Defendant A and L, around November 13, 2013, are located in the office of “NA certified broker” located in Guri-si M at the time of Guri-si around 13, 2013, O apartment units 206.

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