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(영문) 의정부지방법원 2019.03.27 2018고단4793
사기
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

Reasons

Punishment of the crime

[criminal power] Defendant B was sentenced to imprisonment with prison labor and six months at the District Court on June 20, 2018 for a crime of violating the Electronic Financial Transactions Act, and the said judgment became final and conclusive on September 19, 2018.

【Criminal Facts】

To the extent that the Defendants’ exercise of defense rights is not practically infringed, the phrases of the facts charged were partly revised.

The name-based person: (a) drafted a false lease contract by inviting persons who will act as a false lessee; (b) applied for a loan based on the false lease contract; and (c) allocated the loan to the effect of the loan; and (d) Defendant B did not act as the actual owner of the king C Apartment D (hereinafter “instant real estate”); (b) prepared a false lease contract as the lessor, and Defendant A conspired to obtain a lease loan from a financial institution on the basis of the lease contract, even though he did not intend to reside in the instant real estate; and (c) prepared a false lease contract without the intention to reside in the instant real estate; and (d) drafted a false lease contract.

Accordingly, on January 8, 2016, the Defendants, at the G Licensed Real Estate Agent Office located under EF, from the G Licensed Real Estate Agent Office, prepared a false lease agreement on the instant real estate, stating “B, lessee A, and security deposit KRW 300 million,” and Defendant A, at the I Bank located in Suwon-si, Suwon-si around January 26, 2016, submitted a false lease agreement to the employees in charge of the victim J Co., Ltd. at the I Bank located in Suwon-si, Suwon-si, Seoul-si, and submitted a false lease agreement, stating that “the lease agreement was concluded, and the loan was required to borrow the deposit money,” and that it was transferred from the said employees to the K Bank account (L) in the name of Defendant B.

As a result, the Defendants, in collusion with the person who was not aware of his name, deceiving the victim, thereby deceiving 240 million won.

Summary of Evidence

1. The legal statement of the defendant A (as of the third trial date);

1. The first time;

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