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(영문) 의정부지방법원 2017.11.27 2017고단4131
사기
Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

G along with Defendant B, submitted a false housing lease agreement with the financial institution for H apartment 105 Dong 303, Nam-si, Namyang-si, Seoul, with Defendant B, to obtain a housing lease loan under the name of a false tenant and to use it as a business fund. Upon request from Defendant A, Defendant A entered into a false lease agreement with G as if Defendant A leased the above apartment.

In around March 7, 2014, Defendants and G completed a false apartment lease contract in the name of the lessor, “G,” and “A,” as if Defendant A paid a deposit of KRW 160 million to the J office located in Nam-gu, Nam-gu, Seoul. Defendant A moved-in to the said apartment at around that time, and Defendant A did not enter into the said apartment lease contract with G. However, even though there was no fact that the said apartment lease contract was entered into on March 10, 2014, the Defendant filed a false lease contract with the victim, Inc., Ltd., at the location of the Esti Bank, Esti Bank, Korea, seeking a loan for the lease of the deposit money by taking the security of the claim for the repayment of the deposit.

The Defendants and G, as seen above, by deceiving the damaged company, received KRW 128 million from the victimized company to the account in the name of G as a loan for house lease on or around March 18, 2014.

Accordingly, the Defendants, in collusion with G, acquired 128 million won from the victimized company.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to K in the police statement protocol;

1. Application of each Act or subordinate statute entered in a written request for deposit, a loan against security, a contract for the establishment of a neighboring pledge, an apartment lease contract, and a certified copy of the resident registration slip;

1. Relevant Articles 347(1) and 347(1) and 30 of the Criminal Act concerning the Defendants who choose to commit the crime;

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (The following extenuating circumstances are considered for the reasons for sentencing);

1. Defendant A of a community service order: Criminal Act.

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