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(영문) 서울남부지방법원 2015.07.21 2015고단145 (1)
사기
Text

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

Reasons

Punishment of the crime

The Defendant obtained a loan of the deposit money for the workers who entrusted a commercial bank with a loan business with the National Housing Fund as the source along with W, which is neither K nor a false lessor, in order to have it divided.

Accordingly, on August 2014, Brok K issued documents such as a false certificate of employment necessary for applying for a house leasing loan, income tax withholding receipt, payment statement, etc. to the defendant, who is an applicant for a loan, in order to disguise that the defendant is L workers in order to obtain a loan for a house leasing loan after allowing the defendant, who is an applicant for a loan, to obtain a loan for a house leasing loan.

Broer K proposed that W, a lessor who will prepare a false lease contract around August 2014, would play a false lessor's role as a payment for a certain portion of the loan, and W, upon W's consent, W prepared a false lease contract with W and the Defendant, as if W and the Defendant actually entered into a lease contract.

On August 2014, the Defendant submitted a false lease contract and documents related to employment, etc. to the employees in charge of loan of KRW 100 million when applying for the loan of the National Housing Fund of KRW 100 million to the employees in charge of loan of the National Housing Fund, who actually worked in L, as if they actually used the loan as the deposit for the lease of the above apartment.

However, the defendant did not have been employed as a worker L, and there was no intention to lease the above apartment house from W as a whole or to use the loan as a deposit for the lease of the above apartment as stated in the lease contract.

Accordingly, the Defendant, in collusion with Brok K, deceiving the victim, and then, the Defendant extended the employee deposit money to the employee deposit account around August 29, 2014.

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