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(영문) 서울남부지방법원 2016.11.02 2015고단5203
사기
Text

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

Reasons

Punishment of the crime

The Ministry of Land, Infrastructure and Transport has operated a system of lending money for house lease with interest rate lower than the market interest rate if the Ministry of Land, Infrastructure and Transport applies for a loan with only certain documents such as a certificate of employment and a statement of salary without any special security to stabilize the housing of homeless workers with financial resources of the National Housing Fund.

그러나 근로자 주택전세자금 대출 관련 업무를 위탁 받은 금융기관이 형식적인 심사만 하고 대출을 해 준다는 사실을 알고, 대출브로커들은 허위로 임차인과 임대인 역할을 하는 사람들과 함께 근로자 주택전세자금 대출금을 가로챌 것을 모의하였다.

Accordingly, loan broscers made false employment-related documents and false contents related to the lessee, who is the title holder of the loan, and made the false documents to the lessee who will perform the lease. The false lessee, as seen above, submitted documents related to the false employment and the house lease contract to the financial institution, and applied for the loan of the house lease to the employee while submitting the house lease contract to the financial institution. If the request for confirmation of the actual existence of the lease contract is entered by the financial institution, the fraudulent lessor, who will engage in the lease, made the request for the loan of the house lease and received the loan to the employee, and made the request for the loan of the house lease and divided the loan, while committing the crime.

Specific criminal facts, the Defendant, as a false lessee, obtained a loan of the employee deposit money in the above manner with a broman and a false lessor, and conspired in order to have it divided.

According to the above public offering, the Defendant, who is the applicant for the loan around April 2013, prepares a false certificate of employment as if the Defendant was present in “B”;

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