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(영문) 서울북부지방법원 2017.01.25 2016고단4317 (1)
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Structureing to commit fraud of lending of house leasing for false workers] The Ministry of Land, Infrastructure and Transport operates a system of lending of house leasing for workers who borrow a loan with interest rate lower than the market interest rate if it files an application for a credit guarantee and loan with only documents related to lease, such as a certificate of employment without any special security, receipt of source collection of wage and salary income, and a contract for lease on the fixed date, in order to stabilize the residence of homeless workers with the National Housing Fund as a source of funds for the National Housing Fund.

The act of financing workers' loan money fraud is a structure in which broskers, who were entrusted with the business of lending workers' loan money, submits only the documents related to their employment and the documents related to the lease of houses to the financial institution that was entrusted with the business of lending workers' loan without establishing a pledge right, etc. The lessor, taking into account the fact that the lessor is not obligated to deposit the loan in the relevant financial institution when returning the deposit money prior to maturity, making false employment-related documents, such as a certificate of employment in the name of the disguised company as if the person under the name of the lending applicant for the loan is in office, such as a certificate of employment, a detailed statement of payment, a certificate of collection of income tax, and a certificate of collection of income tax, and then make a false document related to the lease, such as a contract of lease with a subcontractor, a down payment receipt, etc., which was concluded by the Korea Housing Finance Corporation, while submitting the false documents to the financial institution.

[Specific criminal facts] Around January 2013, the Defendant accepted the role of the false lessee and the nominal owner of the loan for the lease of house for false workers from the person in distress during the search of the “loan” via the Internet, and the separate co-defendant B is separated.

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