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(영문) 서울중앙지방법원 2016.11.29 2015고단2689 (1)
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant, as a director of the company B and the employee of the above company, the Defendant, as the employee of the above company, set up a false lease contract with C as if he rents the lease deposit amount of KRW 290 million to 10 million, Dongjak-gu Seoul Metropolitan Government D Apartment 102,701 (hereinafter “the apartment of this case”), and proposed C to obtain money borrowed from the deposit in the name of C by using the lease contract, and also agreed C.

On January 3, 2013, the Defendant and C made a false real estate lease agreement in collusion with the Defendant that “The Defendant leases the instant apartment to C for two years from February 14, 2013, the deposit amount of KRW 290,000,000,000,000,000,000,000,000,000,

2. On the same day after the filing of a false move-in report with respect to the apartment in this case, a false real estate lease contract was submitted as if the above real estate lease contract was duly concluded to employees of the victim bank E-K Savings Co., Ltd. on the same day, and the defendant prepared a written consent for the creation of a pledge right to the lease deposit claim for the purpose of securing loans to employees of the above victim company.

However, the above real estate lease contract was false and there was no idea that C rents the apartment of this case or resides therein, and the defendant also thought that C would rent the apartment of this case without considering its intention to rent the apartment of this case, but it would be used as a security for the claim to return the lease deposit by using the lease contract as well as the defendant's attempt to obtain a separate loan from the savings bank, U.S. on February 14, 2013, which was the date of receiving the loan from the damage company, and set the maximum debt amount of 396 million won for the apartment of this case. Accordingly, even if the damage company was lower than the secured debt of the savings bank, it was concealed by the defendant without notifying the damage company of such important circumstances.

The defendant;

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