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(영문) 수원지방법원 2017.04.19 2017고단677
사기
Text

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

Reasons

Punishment of the crime

On January 2014, the Defendant conspired with U and V to act as a false lessor, V to act as a false lessee, and V to act as a false lessee, and the Defendant prepared the false employment-related documents and the false lease contract in advance, and submitted them to the financial institution, and submitted them to V to the financial institution in order to receive the employee deposit money from the financial institution to divide them.

On January 15, 2014, according to the above public offering, the Defendant: (a) transferred to V a false certificate of employment, income tax source collection confirmation, and wage specification, etc., written a false contract for the lease of an apartment house, stating that V leases “V apartment 102, 1903, Z apartment in Gyeonggi-si, Gwangju-si,” from U, to 130 million won, at the office of “YA certified broker” located in Gwangju-si, Gwangju-si, the Defendant drafted a false contract for the lease of an apartment house, stating that V rents “V apartment 10,000,000,000 won.”

Since then, on January 16, 2014, V applied for a loan for the employee's entire house loan to the employee in charge of loan who is unable to know his name in the Seoul metropolitan branch office of the Han Bank Gyeonggi-si, Gwangju-si, and submitted the above false employment certificate and apartment lease contract, and actually used the loan as the deposit for the entire house.

A false statement was made.

However, in fact, since V did not rent the above “Z apartment Nos. 102 1903, 1903” from U, it did not intend to use the loan as a deposit for the lease on a deposit basis. Since Defendant, V, and U was only aware of the distribution and use of the loan, there was no intention or ability to repay the principal and interest of the loan even if the loan was granted by the injured party.

On January 28, 2014, the Defendant, in collusion with V and U, by deceiving the victim as above, received KRW 90 million from the victim bank with the account of U on January 28, 2014 (Account Number: AA) under the name of the employee’s entire housing loan.

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