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(영문) 인천지방법원 2018.08.23 2018고단5383
사기방조
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

B The facts are as follows: (a) a person who purchased a house or a person who did not have the intention or ability to pay a house security loan but only borrowed the name for the purpose of a fee, and (b) an applicant for a house security loan with the said real estate as security at a financial institution; and (c) as if the above lender actually purchased a real estate (multi-family housing, loan), a false sales contract and a false employment certificate, etc. were submitted to the financial institution and acquired the loan by deceiving

B On December 12, 2014, the Defendant filed an application for a housing mortgage loan with the victim D bank under the name of the Defendant, who was introduced by E, the account holder, which is a book of solicitation of loan holders, at the victim D bank military service branch located in Si, Gunsan-si. The facts are as follows: (a) the Defendant did not purchase KRW 175 million from the third floor G of Gangseo-gu Seoul Metropolitan Government F, and (b) the Defendant paid interest for about six months at financial institutions; (c) the Defendant did not pay all the principal of the loan; and (d) the Defendant did not have worked at H, even though he did not purchase the said house, the purchase and sale contract prepared falsely as if he purchased the said house, ( state) H employment certificate, income confirmation certificate, etc., along with the loan application document, and was transferred KRW 130 million from the victim under the pretext of the loan.

On December 12, 2014, the Defendant: (a) knew that B was to receive a housing mortgage loan from a victim D bank using a false transaction agreement as seen above; (b) however, (c) provided the victim with a false transaction agreement, and (d) applied for a housing mortgage loan by submitting the Defendant’s (state) false employment certificate, etc. to the victim according to the direction of B in return for receiving a loan in the name of the user, thereby aiding and abetting B to obtain a loan of KRW 130 million from the victim as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect B or E by the prosecution;

1.As to I.

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