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(영문) 수원지방법원 2016.11.24 2016고단4214
사기
Text

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

However, 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 prepared a false real estate lease agreement and documents related to employment with D, E, etc., and conspired to take charge of the following roles: (a) to illegally loan the National Housing Fund (workers’ rental loan) from the Ministry of Land, Infrastructure and Transport to a financial institution entrusted with the operation and management of the National Housing Fund from the Ministry of Land, Infrastructure and Transport; (b) to act as a lessor of real estate; and (c) to act as a lessee of real estate and an applicant for a loan.

On November 20, 2013, the Defendant: (a) at the G Licensed Real Estate Agent’s Office located in the F in Sungsung City around November 20, 2013; (b) at the G Licensed Real Estate Agent’s Office located in the Plue City, the Defendant prepared and delivered to D, etc. a false apartment lease agreement with the lessor as the Defendant, the lessee, and the lessee; and (c) D, etc. at the point south of the 392 National Bank in the territory of the Republic of Korea, the Republic of Korea, the Republic of Korea, in the same day, filed a loan under the name of E, accompanied by a false certificate of employment with the false contents written as above, and (d) received from the victims’ national bank in the name of the Defendant on December 6, 2008, KRW 85 million,000,000 from the deposit account in the name of the Defendant’s bank in the name of the Defendant to be a full-time employee loan.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning customer information inquiry table and loan-related documents, copy of a pre-tax contract, and certificate of employment;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria [the range of recommending punishment] General Fraud (less than KRW 100 million) and the basic area (within six months to one year and six months) (no special person) of the sentencing criteria;

2. Workers who commit the instant crime with public funds for the stabilization of workers’ housing;

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