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(영문) 서울북부지방법원 2020.02.14 2019고단5433
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

B was aware of the fact that the Ministry of Land, Infrastructure and Transport has operated the employee deposit loan system, which provides loans at a interest rate lower than that of the city, for the stabilization of the housing of homeless workers with no special security such as a certificate of employment, statement of salary, etc. without any special security, and only certain documents such as the lease contract, etc., the Ministry of Land, Infrastructure and Transport offered to obtain the employee deposit loan by submitting the documents such as a false lease contract as if B leases the "Seoul Dongdaemun-gu Dir E" owned by the Defendant and his/her wife, along with the Defendant and his/her wife.

On October 8, 2013, at the G Licensed Real Estate Agent Office located on the first floor of Dongdaemun-gu Seoul Metropolitan Government, the Defendant and C drafted a false annual lease contract stating “Seoul Dongdaemun-gu Dho E” with the deposit 110 million won, lessor C and lessee.

B on October 10, 2013, the victim corporation I, which was located in G in Sung-gu Seoul Special Metropolitan City, Seo-gu, Seoul Special Metropolitan City, submitted documents related to employment, such as a false certificate of employment, and applied for a loan of 77 million won for a national housing deposit to the employee of the National Housing Fund, as if the employee was enrolled in the company called "J of Co., Ltd." at active branch, and as such, was falsely prepared, as if the contract was actually prepared, and as if the loan was made as if the loan was used as a deposit, it was done as if the loan was actually made.

However, the above lease contract was made by falsity, and B did not have any intention to use the loan as a deposit for lease, and there was no intention to use the loan as a deposit for lease.

B, as above, around October 15, 2013, upon filing an application for a loan, the victim was deposited 77 million won in the K Bank account (L) in the name of a full-time employee loan.

Accordingly, the defendant, in collusion with C and B, acquired 77 million won from the victim as above.

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