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(영문) 서울북부지방법원 2018.02.08 2017고단5018
사기
Text

The punishment of defendants shall be four months in prison.

The execution of a sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, from C and D, prepared a false lease contract as if he leased a apartment owned by D to another person, and would receive a loan from a financial institution for a lease on a deposit basis and offer 10% of the lease fund as a fee.

Since a loan is granted in the name of a lessee, there is no problem to the owner of the house.

“The proposal was received and accepted.”

On July 5, 2013, the Defendant, at an officially authorized brokerage office located in Namyang-si, Namyang-si, prepared a chapter 1 of the Jeonyang-si, stating that “The name broker introduced by the fake G and C, who is a fake tenant, and the Defendant’s “The second floor No. 209” owned by the Defendant, “The lessor A, G, 70,000,000 won for the deposit, the down payment of KRW 63,00,000 for the contract payment, the remainder payment on July 12, 2013, and the term of lease from July 13, 2013 to July 11, 2015.”

G continued with “H” on July 12, 2013, at the contact point office of the Bank of Korea, 659-2, Hanyang-si, Jinyang-si, Namyang-si, Seoul, the head of J, applying for a loan of the entire loan to the Bank employees, and such application was made as the submission of a copy of the apartment lease contract prepared by the Defendant, etc., as above, as if the Defendant were receiving a normal loan of the entire loan.

The Bank's employees, with the knowledge of the fact that the loan was actually used as the entire loan fund, remitted the amount of KRW 40 million to the Defendant's bank account on the same day.

The Defendant, in collusion with this C, D, G, and H, obtained 40 million won from the Victim Bank Co., Ltd. to acquire 40 million won.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (includingG statements);

1. A protocol concerning the examination of the suspect of the defendant (including a statement C or D);

1. Application of Acts and subordinate statutes to the Acts and subordinate statutes concerning the examination of suspects of the police to C or D;

1. Article 347 of the Criminal Act, which provides the legal provisions on criminal facts.

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