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(영문) 대전지방법원 2014.12.29 2014고단3722
사기
Text

Defendants shall be punished by imprisonment for ten months.

However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal power] On February 13, 2014, Defendant B was sentenced to imprisonment with prison labor for fraud, etc. at the Daejeon District Court on June 20, 2014, and the said judgment became final and conclusive on June 20, 2014.

【Criminal Facts】

The Defendants are invited to prepare a false lease contract with D, submit it to the bank, and use it by division with a loan from part of the deposit money, and D is recruited to prepare a lease contract and to verify the residence of the Defendants, prepare a false lease contract with E, and instruct the Defendants to obtain a moving-in report and a fixed date, etc. according to the above instructions, the Defendants prepared a false lease contract with E on the third-party F apartment 101 Dong 1101, which is owned by E.

In collusion with D, around May 6, 2013, the Defendants concluded a lease agreement with E, the owner of the F apartment No. 101, 1101, and the lessee A, the lease deposit amount of KRW 100 million, the lease period of KRW 100,00,00 from May 8, 2013 to May 7, 2015, and submitted a false lease agreement.

However, in fact, according to D’s instructions, the Defendants submitted the above lease agreement formally from the home owner E, and actually did not actually have resided in A in the above F apartment 101 Dong 1101, and the loans were expected to be consumed for personal purposes immediately after the Defendants and D were transferred, so even if they were to receive the loans, they did not have the intent or ability to repay the loans until the agreed date.

As such, the Defendants, in collusion with D, by deceiving an employee who could not know the name of the victim bank in Korea, and was transferred to the bank account in the name of E, an apartment owner, as a loan on May 6, 2013, the amount of KRW 80 million from the employees belonging thereto.

Summary of Evidence

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