logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.05.13 2016고단737
사기
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On June 2013, the Defendant, along with C and D, prepared a purchase and sale contract as if he/she would purchase an apartment, received a loan from a financial institution to use the apartment purchase fund at will.

Therefore, the Defendant prepared a real estate transaction agreement with G to purchase H apartment units KRW 1906,201 from G around Jun. 27, 2013 at the F office located in Gyeyang-gu, Gyeyang-gu, Seoyang-gu, Seoul to purchase KRW 245,00,000,000,000,000 from G, and applied for a loan to the victim bank corporation in Korea, and applied for a loan to the victim company loan counseling company I for the victim company loan. The Defendant paid KRW 170,000,000 out of the loan to the lessee residing in the above apartment unit, and directly resides in the above apartment.

“A false statement” was made.

However, the Defendant, as an actual owner, was given a loan from a financial institution on the ground of a real estate sale contract without the intention to purchase the above apartment house and extinguish the right of lease, and on the condition that he succeeds to the lease contract, only the difference after deducting the deposit amount of KRW 170 million from the purchase price was paid to the above G, and then the remaining loan after purchasing the apartment was thought to be

As such, the Defendant, in collusion with C and D, by deceiving I, received KRW 182 million from the victim company on the same day as a loan.

Summary of Evidence

1. Statement by the defendant in court;

1. The first and second examination records against the accused, and the second examination records of the suspect;

1. Statement made by the prosecution with regard to G or I;

1. Entry of D in the second-time police interrogation protocol against the accused in the suspect interrogation protocol;

1. Each police statement made to J and I;

1. A complaint filed against the Korean bank;

1. Investigation report (K telephone communications for witnesses);

1. Recording of a L lease investigation call;

1. Recording notes;

1. A manual of handling;

1. Inquiry of transaction details;

1. Loan-related documents (a written agreement on loan transactions, the list of debts, the right to collateral security;

arrow