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(영문) 인천지방법원 2014.12.24 2014고단4560
사기
Text

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

Reasons

Punishment of the crime

On January 11, 2012, the defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months at the Busan District Court for fraud, and on January 19, 2012, the judgment became final and conclusive.

Defendant

In addition, C and D conspired to borrow “E” and “workers and ordinary people’s housing rental fund” from the National Housing Fund by deceiving financial institutions by means of preparing and submitting false charter contracts and certificates of employment with one person in charge of preparing false documents related to corporate restructuring, such as false certificate of employment.

C. On May 14, 2010, 2010, D used F building 502 owned by D for a housing charter loan, and C around May 14, 2010, at the office of “H Licensed Real Estate Agent” located in Nam-gu Incheon Metropolitan City, the lessor drafted a false lease contract with the lessee A(Defendant) to lease the F building 502 to the lessee(Defendant) for two years at the office of “H Licensed Real Estate Agent” located in Nam-gu, Incheon.

On June 16, 2010, the Defendant, a false lessee, filed an application for a loan of KRW 50,000 with the person in charge of loans from the location of the Dong-dong, Incheon Metropolitan City, Dong-dong, 1470-2 to the person in charge of loans in the name of the victim at the location of the Dong-dong, Dong-dong, Dong-dong, Dong-gu, Incheon. The Defendant submitted the lease contract made by falsity as above and received KRW 50,00 from the victim

Accordingly, the Defendant, in collusion with C, D, and one-person “E”, by deceiving the victim as above, and by deceiving 50,000 won of the entire house loan from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect by the prosecution against D or C;

1. Copy of the documents for loan requested by the defendant;

1. Previous records: Criminal records and application of statutes governing judgment;

1. Article 347(1) and Article 30 of the Criminal Act; the choice of imprisonment with labor for the crime;

1. The reason for sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Code for concurrent crimes is that the crime in this case is bad in light of its organizational plannedness.

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