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(영문) 인천지방법원 2018.04.26 2018고단2320
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal record] On September 1, 2016, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Seoul Central District Court, and the judgment became final and conclusive on October 17, 2016.

[Criminal facts] The Defendant submitted a false real estate lease agreement, etc. with B, and received a guarantee from the Seoul Credit Guarantee Foundation, and then received a loan from the financial right and came to be divided into two parts.

1. Following the forgery of private documents and the conspiracy as above, B entered the contents of the “Real Estate Lease Contract” file using a computer at the Gangseo-gu Seoul Metropolitan Government Office C and the third floor office, Gangseo-gu Seoul Metropolitan City office, into the column for the location of the “Real Estate Lease Contract” file, “Seoul Gangseo-gu Seoul Special Metropolitan City three floors,” and the content column of the contract, “F106,000 won for the guarantee fee (2,000), the down payment KRW 0,000,000 won for the down payment, the monthly rent KRW 30,000,000,000 for the contract date” in the column for the contents of the contract, and then delivered to the Defendant with the seal of the above E, “Y, E, and the lessee column of Gangseo-gu Seoul Special Metropolitan City.”

On March 2, 2015, the Defendant: (a) filed a “application for credit guarantee” at a branch of the Gangseo-gu Seoul Airport at the 535 large automobile building located in the eightth floor of the Seoul Credit Guarantee Foundation; (b) submitted to the employees in charge of the said Credit Guarantee Foundation that he/she may know of the application; and (c) received a certificate of guarantee.

As a result, the Defendant conspired with B to forge and exercise a “real estate lease agreement” in the name of E, a private document on rights and obligations.

2. According to the above conspiracy of fraud, the Defendant used a forged real estate lease contract, even though there was no fact that the Defendant actually concluded a lease contract, and was issued a guarantee certificate from the Seoul Credit Guarantee Foundation to “loan for Small and Medium Enterprises Support Fund to Small and Medium Enterprises,” and there was no intent or ability to repay the loan properly, the victim corporate bank located in Gangseo-gu Seoul, Gangseo-gu, Gangseo-gu, Seoul, 4 776-6, 2015.

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