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(영문) 부산지방법원 2014.01.09 2013고단6367
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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 received loan from B and his employees who run loan brokerage offices by means of the best way that the Defendant would make a deposit for lease of a house owned by others and lease the house owned by others, and divided it, and the others received the proposal and accepted it.

On September 30, 201, the Defendant: (a) obtained a false document, such as a real estate lease agreement and certificate of employment, from the employees of the above loan brokerage office, to lease D Apartment 102, 604, 600,000,000,000 from the employees of the above loan brokerage office in Ulsan-gu, Ulsan-do; and (b) filed an application for the loan of money; (c) filed an application for the loan with the employee in charge of loan of the non-Dong branch office of the victim bank; (d) the above facts were leased to the Defendant even if the above house was not leased; and (e) the said employee in charge of the bank called the said bank to the said employee in charge of the loan, and (e) received from the employee in charge of the above loan KRW 40,000 from the victim bank to the new bank account in the name of C under the name of the loan on October 5, 2011; and (e) the Defendant received from the above B in installments KRW 18 million out of the above loan.

Accordingly, the Defendant, in collusion with the above B and C, was given a monetary amount of KRW 40 million by deceiving the victim bank.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police interrogation protocol and copy of the accused, C, and B;

1. A copy of a receipt, real estate lease agreement, passbook, and certificate of lease agreement; and

1. Applications for loans from the National Housing Fund and copies of the loan transaction agreement;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment, etc. to a summary order);

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (All circumstances, including the fact that the defendant has no record of being punished for the same crime, and that the degree of benefits acquired from the crime in this case cannot be deemed to be large);

1. Social services;

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