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(영문) 서울북부지방법원 2016.03.10 2016고단321
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and imprisonment with prison labor for a year and four months, respectively.

Reasons

Punishment of the crime

The Ministry of Land, Infrastructure and Transport operates the system of lending of pre-paid housing to workers who loan at a rate lower than the market interest rate if the National Housing Fund applies for a loan with only certain documents such as a certificate of employment without any special security, employment-related documents such as the source collection receipt of earned income, and a contract for lease on the fixed date (former lease) to stabilize the residence of homeless workers with financial resources from the National Housing Fund (the change to the loan of pre-paid fund of the National Housing Fund January 2015).

The crime of fraud of lending money to workers on a deposit basis is to establish false documents related to the lending of money on a deposit basis in the financial institution entrusted with the affairs related to the lending of money on a deposit basis for workers and to make false documents related to the lending of money on a deposit basis, such as a certificate of employment, a statement of payment, and a certificate of source collection of income tax, in the name of a disguised company as if the borrower actually works for the person who borrowed money on a deposit basis, by falsely soliciting the nominal owner to apply for the lending of money on a deposit basis in the name of the lending company through a formal examination, taking into account the circumstances that if the borrower submits documents related to the lending of money on a deposit basis for workers on a deposit basis to the financial institution entrusted with the affairs related to the lending of money on a deposit basis for the lending of money on a deposit basis, and to distribute the lending money to each other in the name of a false lessee

around October 2013, a loan hub, which is a name-wise D, recruited a person who has a good credit rating to obtain a loan to Defendant B, using a false lease contract and a false certificate of employment, etc., and solicited Defendant B to obtain a loan to distribute the loan by obtaining a loan for the entire house by using a false lease contract, a false certificate of employment, etc., and Defendant B can obtain a loan by submitting a false loan document to Defendant A with the financial institution.

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