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(영문) 부산지방법원 2013.07.12 2013고단1463
사기등
Text

Defendant

A Imprisonment with prison labor for a year and six months, each of the defendants B, C, and D shall be punished by imprisonment with prison labor for a year.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

A Persons engaged in electrical construction business, Defendant B is an employee of entertainment tavern, Defendant C, and Defendant D who have no specific occupation.

Although it is impossible to offer a security loan on an apartment with a tenant, the Defendants purchased the apartment on the condition that they acquire the lease deposit, and fabricated the documents on the purchased apartment as if the tenant did not have the tenant, with the intention to obtain the apartment mortgage loan from the 2th financial right which is the second financial right, etc.

1. Joint criminal conduct between Defendant A and H;

A. Around August 10, 2012, Defendant A purchased KRW 189 million on the condition that he/she takes over the lease deposit of KRW 150 million from J apartment 107, 401, J apartment 107, Busan, which he/she owned by Defendant A, and then drafted a false sales contract as if he/she re-sales it to H.

On August 20, 2012, the above H was issued with the details of the occupancy household inspection of the above apartment at the 2 Dong office at the bottom of the Busan Seo-gu, Busan, and delivered them to the Defendant A. The above A, in order to make the above apartment as if there was no tenant in the above apartment building, the tenant K in the details of the occupancy household inspection was moved into the knife and re-duped.

As a result, Defendant A forged the content of the transfer household, which is an official document, for the purpose of uttering in collusion with H.

B. On August 20, 2012, the above H submitted to the employees in charge of the loan as if they were issued genuinely with the content of the transfer household (including the same person) which was forged at the time of the loan-based community credit cooperatives with the same 1/3 Dong-dong located in the Nam-gu Busan Metropolitan City.

Accordingly, the Defendant, in collusion with H, exercised the content of the transfer of forged public document.

C. H around August 20, 2012, applied for a loan to the above apartment as security at the 1st and 3 community credit cooperatives around the same year, and the above apartment.

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