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(영문) 인천지방법원 부천지원 2013.06.14 2013고단603
사기
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 23, 2012, the Defendant and C made a false lease contract as if C set the deposit amount of KRW 108,504,000,000,000,000,000 owned by the Defendant, and offered to obtain a lease loan by using a false lease contract, as C set the deposit amount of KRW 1804,00,000,000,000,000.

C around April 24, 2012, at the same point of the Do party branch of one bank as above, at the Do party branch of one bank, C applied for a loan of KRW 150 million under the name of the deposit for the lease as if it were to be used as the deposit for the deposit for the lease, and the Defendant dried the passbook of one bank and the seal in his name to obtain the above loan by using a false lease contract, a certificate of employment in the name of F Co., Ltd. with forged employment contract, and a withholding receipt for wage and salary income under a real lease contract.

However, there is no fact that the defendant and C entered into the lease contract on the above D building, and therefore the above lease contract is false, and C did not have any fact from F, and thus the above certificate of employment and the receipt for tax withholding for wage and salary income was forged, as well as C and C have applied for loans as above, and they have plans to use the loan money as the deposit for tax lease under the above lease contract and to have it divided by each person.

On May 2, 2012, the Defendant or C, by deceiving the Victim Han Bank, obtained the transfer of KRW 150 million to the above single bank account under the name of the Defendant and acquired it by money.

Summary of Evidence

1. Defendant's legal statement;

1. Co-defendant C’s legal statement

1. Statement of the police statement related H;

1. Application of the Acts and subordinate statutes to the copy of loan application, copy of employment certificate, and copy of employment income withholding receipt;

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. The Criminal Act, the suspension of execution;

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