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(영문) 서울서부지방법원 2016.11.18 2016고단1100
사기
Text

A defendant shall be punished by imprisonment for one year.

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, based on the fact that C, personal infinite “D”, and the ordinary people operating in the Korea Housing Finance Corporation with financial resources from the National Housing Fund, and the loans for the house leasing loan to workers are made only by document screening without due diligence, the “D” plays a role of issuing a false certificate of employment to C, and C plays a false role as a false lessee, and the Defendant conspired to acquire the house leasing loan from the victim bank by taking the role of a false lessor.

On February 1, 2013, the Defendant: (a) drafted a false lease agreement with the Defendant stating that C leases the said house from the Defendant as a whole; (b) around that time, C obtained a false certificate of employment from D that C is working for the “Sscarte” company; (c) on February 1, 2013, C and the Defendant submitted a false employment certificate and a lease agreement (lease) agreement with the person in charge of lending the 75 million won employee loan for the Y Station branch of the Bank in Yangcheon-gu Seoul Metropolitan Government on February 1, 2013.

On February 14, 2013, the Defendant received 75 million won from the victim bank to the account in the name of the Defendant under the pretext of loans for full-time employee loan.

Accordingly, the Defendant received property by deceiving the victim in collusion with the above C and one-person “D”.

Summary of Evidence

1. Defendant's legal statement;

1. An investigation report (Attachment of documents related to loan of funds to a suspect C), an investigation report (Arrangement of the suspect, lessor, and the date of conclusion of a lease contract, etc.), an investigation report (the details of acquisition and loss of the insured's station against the suspect of this case employed in the Red Iron), an investigation report (the report on confirmation of the register of juristic persons of the Red Iron), an investigation report (the report on confirmation of the register of real estate in the A preceding tax contract, the lessor), and accompanying documents;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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