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(영문) 의정부지방법원 2017.02.08 2016고단4038
사기
Text

1. The defendant A shall be punished by imprisonment with prison labor for ten months.

2. Defendant B shall be punished by imprisonment for six months.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

A around June 19, 2014, at the 10th floor office of the 10th floor office of the building, Samsung C&T Co., Ltd., the victim Samsungsung Co., Ltd. entered into a loan agreement with the lessee to provide the lessee with the lease deposit amounting to KRW 150,000,000,000,000,000,000,000,000,000,000,000 won.

In this regard, although the loan of the above lease on a deposit basis is for a tenant in need of the residential fund, the defendant A requested that the staff of the gas station operated by the defendant I (the husband of the defendant B) of the gas station, and made a false lease contract as if the defendant A did not intend to move into the tenant, and used the false lease deposit return claim as security, and then terminated the lease contract immediately after the death of the damaged company, and then, the defendants conspired to use the above apartment security value again.

Afterwards, the Defendants, as a genuine tenant, concealed these circumstances in the victimized company and was in need of the deposit money, pretended as above, and then acquired KRW 120 million from the victimized company to the Agricultural Cooperative Account in the name of Defendant B with the name of KRW 120 million as the deposit money around June 30, 2014.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement in the police statement before J; and

1. Statement in the first interrogation protocol against the defendant A, which is made to the police officer;

1. Each description of the accusation report and investigation report (suspect B) [the Defendants entered into a charter agreement even if they did not actually enter into the charter agreement]

Inasmuch as Defendant A was under investigation by the police and did not enter into a charter agreement with Defendant B, and was given a loan by deceiving the damaged company for the entire loan, as if Defendant B received a loan for the entire loan, in order to use it as business funds.

was stated (Evidence record).

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