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(영문) 인천지방법원 2014.10.27 2014고단2820
사기
Text

A defendant shall be punished by imprisonment for six 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, in collusion with his name-free loan brokers, etc., did not appear to have a false certificate of employment and a false charter contract as an employee who has completed work using a charter contract, and instead, did not have a valid charter contract with a financial institution that is the victim and received a loan from the National Housing Fund.

Accordingly, the Defendant applied for a loan of KRW 53 million to an employee in charge of the loan at the victim bank operations Dong branch of Gyeyang-gu Incheon Metropolitan City on August 2, 2011, along with a false lease contract (a lease: D, lessee: Incheon Bupyeong-gu E apartment 303, a deposit amount: 80 million won: 2 years from August 22, 201), which was made by the Defendant as if the Defendant was an employee C, (a) and a false lease contract (a lease: D, lessee: Incheon Bupyeong-gu E apartment 303, a deposit amount: 80 million won: 2 years from August 22, 2011) that was made by the Defendant as if the Defendant was an employee C, and a loan of KRW 53 million was transferred from the victim on August 19, 2011.

As a result, the defendant was given property by deceiving the victim in collusion with the name of the handicapped.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to loan documents (A), details of account transactions, passbook transfer slips, investigation reports (Attachment to judgment on separate transfer cases);

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] There is no basic area (6-100,000 won or less) (6-100,000 won or less) (6-10,000 won) of the basic area (6-10,000 won or more) (the decision of sentencing], and there is no substantial amount

However, the defendant has no obvious previous convictions other than fines, and the defendant is given a loan.

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