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(영문) 서울북부지방법원 2019.09.04 2019고단3203
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On October 2013, the Defendant came to know that the Ministry of Land, Infrastructure and Transport, from the National Housing Fund, made an application for a loan with the documents related to employment such as a certificate of employment and a statement of wages without any special security to stabilize the housing of homeless workers, and only certain documents such as a charter contract, the Defendant was operating the employee lease loan system at a rate lower than that of the time when the loan was made. As such, the Defendant conspired to borrow the “Seoul Dongdaemun-gu D Building No. 3 E” owned by C, along with his wife B and C, as the Defendant leased, by submitting documents such as a false charter contract, etc. as if he leased the Defendant.

On October 8, 2013, at the G Licensed Real Estate Agent Office located in the F1st floor of Dongdaemun-gu Seoul, Seoul, the Defendant drafted a false annual lease contract stating the lessor C and the 3rd floor E of the Dongdaemun-gu Seoul Building D, stating the deposit amount of KRW 1.10 million, the lessor C, and the lessee A.

On October 10, 2013, the Defendant submitted documents related to employment, such as an employment certificate, which was falsely prepared, as if the victim corporation, IBK Bank branched from the branch of the IBK Enterprise Bank, was attending the company called “H,” and filed an application for a loan of the National Housing Lease Fund amounting to KRW 7 million as if the contract was actually prepared, while making a false representation of the loan as if the loan was used as a deposit for the lease deposit.

However, the facts are that the defendant made a false set of the above lease contract, there is no fact that he had served in the H company, and there was no intention to use the loan as the deposit for the lease.

On October 15, 2013, the Defendant applied for a loan as above and deposited KRW 77 million from the victim IBK Bank to the IBK account (J) in the name of the lessor C as a loan for full-time employee.

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