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(영문) 대전지방법원 2017.05.16 2016고단421
사기
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, each of the defendants B.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

The Defendants received proposals from D, etc. to the effect that the examination of workers’ full-time loan and the collection of loan are divided by taking advantage of the fact that the procedures for the examination of the loan and the collection of loan are not strict compared to other loans, and agreed to do so, Defendant A conspired in sequence with D, E, etc. to take over the loan by deceiving the financial institution by taking charge of the role of false tenant, Defendant B, and Defendant B

On July 24, 2014, the Defendants drafted a false pre-sale contract for an apartment leased from Defendant B, setting the lease deposit amount of KRW 120 million, and the lease period of KRW 20 million with respect to H apartment Nos. 101, 504, and the lease period of KRW 20,000,000,000, in the Seo-gu, Seo-gu, Seoul Special Metropolitan City.

Defendant

A around August 2014, when receiving a certificate of employment of an I company that has no record of working at that time from D, at the branch of the Daejeon Trade Center of the Bank of Korea located in 136 as the Seo-gu Office building in the World War, submitted false documents, such as a charter contract and a certificate of employment, to the employee of the Bank of Korea who is in charge of lending of the victim bank, and applied for the loan of the employee.

The Defendants received KRW 80 million from the injured party to the account in the name of Defendant B with the amount of KRW 80,000 from the full-time employee loan.

Accordingly, the Defendants were delivered KRW 80 million by deceiving the victim in collusion with D and E in sequence.

Summary of Evidence

1. Defendants’ respective legal statements

1. Copy of each protocol concerning the examination of suspect of the police against D or E;

1. In applying investigation reports (A’s confirmation of loan of funds and attachment of loan documents), investigation reports (A’s duplicate and attachment of transaction receipts), investigation reports (B transaction details, receipt, etc.) and Acts and subordinate statutes;

1. Articles 347(1) and 347(1), 30, and 30 of the Criminal Act provide that Defendants who choose to commit a crime and sentence.

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