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(영문) 서울남부지방법원 2016.04.19 2015고단5594
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a false lessee, recruited the National Housing Fund by using false employment-related documents together with C, false lessor D, etc. to receive a loan from the workers who entrusted a commercial bank with the loan business by using the source of the National Housing Fund.

Accordingly, on September 2012, C prepared a false certificate of employment, income tax collection receipt, payment statement, and other related documents as if the applicant was enrolled in the E company, and a false lease contract for the “F apartment of Dongdaemun-gu Seoul Metropolitan Government No. 101 Dong 503, 503,” owned by the lessor D, and transferred the same to the Defendant.

After that, around October 2012, the Defendant applied for the loan of the National Housing Fund of KRW 100 million to the employees in charge of loan from the National Housing Fund at the location of the victim bank located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and submitted a false employment certificate and the lease contract as if the above documents were actually prepared, and applied for the Workers’ Lease Fund as if the loan was actually used as deposit money.

However, the above lease contract was made falsely, and the defendant did not intend to use the loan as the deposit money.

As a result, the Defendant, in collusion with loan brobeers and fraudulent lessors, by deceiving the victim, and by deceiving the victim on October 24, 2012, received KRW 100,000 from the victim with the transfer of money to the account in the name of false lessor D.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made in relation to G or D;

1. Requests for investigation, loan counseling and application documents related to loans, such as documents related to resident registration, certified copies or abstractss of resident registration cards, apartment lease contracts, and other documents related to employment, such as documents related to rental contracts, certificates of employment, requests for investigation cooperation and replies, and the application of the Acts and subordinate statutes related to requests for financial transaction information;

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