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(영문) 서울서부지방법원 2013.12.19 2013고단2674
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who was aware of the name of the lending company due to monthly income and credit settlement (hereinafter “B director”) and subsequently consented to the Defendant’s resident registration certificate, passbook of the national bank, cash card, and resident registration card, were to take part in the lending fraud crime as follows by the B director’s instructions.

1. Around August 10, 2012, the Defendant filed an application for a loan with the victim C Co., Ltd. operated by Seocho-gu Seoul Metropolitan Government D Building 1009 E, the Defendant himself/herself presented a false statement of transfer-in household inspection to the sole resident of “F apartment 706 Dong 1501, 1501 at the time of Gyeonggi-si, Gyeonggi-si, and made a false statement to the effect that he/she would offer the above apartment as security.”

However, the defendant did not have any intent or ability to return the above apartment even if he merely borrowed money with no property rights.

The Defendant received KRW 110 million from the victim's bank account under his name, for the purpose of borrowing money around that time.

Accordingly, the defendant was given property by deceiving the victim in collusion with the above director B et al.

2. Around September 26, 2012, the Defendant filed an application for a loan with the victim G Co., Ltd., Ltd., Ltd., of the H building 601-1 in Seoul Special Metropolitan City, Nowon-gu, and made a false statement to the effect that “the Defendant would offer the above apartment as security” by presenting a false statement of access to the moving-in household as a single resident of “J building 205 Dong-dong 402 in Gyeonggi-gu, J. 202” as the owner of the above apartment.

However, in fact, the defendant was merely a move-in report on the above apartment.

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