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(영문) 대전지방법원 2016.07.13 2015고단4483
사기
Text

Defendants shall be punished by imprisonment for eight months.

However, the defendant B is above two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendants received proposals from F, G, H, etc. to the effect that the examination of workers’ loan and the collection procedure of loan are not strict compared to other loans, and consented thereto, and Defendant A conspired in sequence with F, H, etc. to act as a false lessee, Defendant B, etc. to act as a false lessor.

Defendant

A, with the consent of Defendant B around June 2014, issued a false apartment lease agreement and documents related to loans, such as a false apartment lease agreement, and a J having no record of actual employment, with the effect that “The lease period of 302 Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

Defendant

A around June 2, 2014, at the location of the Daejeon District Bank, Daejeon District Court: (a) submitted false documents, such as a lease contract, certificate of employment, etc., which was falsely prepared to the employees in charge of lending to the injured Nonghyup Bank; and (b) around July 2, 2014, the injured party was deposited KRW 80 million with the Defendant’s account in the name of Defendant B.

As a result, the Defendants conspired with H, F, G, etc. in sequential order and received delivery of KRW 80 million by deceiving the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Copy of the protocol concerning the examination of suspect concerning G to the prosecution;

1. A detailed statement of each transaction;

1. Application of the Acts and subordinate statutes to investigation report (Attachment of documents related to suspect A deposit money lending);

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Giving the reasons for the suspended sentence (Defendant B) under Article 62(1) of the Criminal Act, there are unfavorable circumstances, such as the following: (a) the poor nature of the crime is given in light of the method of sentencing under Article 62(1) of the Criminal Act; (b) the maximum amount of KRW 80 million by fraud; (c) there is no effort to recover damage; and (d) one time the record

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