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(영문) 부산지방법원 2017.02.02 2016고단6295
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants submitted a false lease agreement, etc. to the bank to obtain a loan from the bank and conspired to have it divided into D and E. On May 10, 2014, Defendant B filed an application for a loan of KRW 84 million to an employee in charge of loan of KRW 1304,00,00,000,000 with the above E in his/her own residence on May 10, 2014, as if he/she leased KRW 120,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,00,000,00.

As a result, the Defendants were issued KRW 83,831,00 by deceiving the victim in collusion with loan Brackers D and E.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to documents for loans for the lease of a deposit basis (such as a real estate lease agreement), a certified copy of registry of objects of lease

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

1. Article 62(1) of the Criminal Code of the Act on the Suspension of Execution does not have the history of punishment heavier than a fine, and Defendant B is the primary offender; Defendant B does not lead the instant crime; the victim was paid by subrogation from the Korea Housing Finance Corporation; Defendant A acquired KRW 72,615,303 out of the amount of money acquired by deception, and Defendant A merely acquired KRW 29 million from the amount of money acquired by defraudation; however, Defendant A will leave the entire civil liability under the above loan agreement, and repay the above debt in good faith.

In fact, five million won out of the above debt has been repaid.

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