(영문) 수원지방법원 여주지원 2018.04.17 2018고단171

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(영문) 수원지방법원 여주지원 2018.04.17 2018고단171

사기

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A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On November 2, 2016, the Defendant was sentenced to one year to imprisonment with prison labor for fraud, etc. in the loan support of Suwon Friwon, and the judgment was finalized on July 6, 2017.

The Defendant, using a false lease agreement with the Seoul Gwangjin-gu Seoul Special Metropolitan City apartment building G 102 dong 2002 dong 102 dong 2002, among construction business operators D who had caused disputes over the payment of the construction cost and the construction cost of the building building in their possession, conspired to use the loan from the bank for dispute resolution with D and D by receiving the loan of the lease fund from the bank.

Accordingly, the Defendant and D, upon the consent of E, entered into a false lease agreement with the lessor as F, the lessee as D, and the deposit amount of KRW 150,000,000,000 for the above apartment in the office site of “I Authorized Broker” located in Yangyang-gun, Yangyang-gun, around August 29, 2012. On September 6, 2012, the Defendant and D applied for a loan of KRW 58,000,000,000 when submitting the above lease agreement.

However, in fact, D and F did not enter into a lease agreement equivalent to KRW 150 million for the above apartment.

As such, the Defendant, in collusion with D and E, deceivings the victim, and, on September 6, 2012, took over KRW 58 million in the name of the loan of the deposit money from the national bank account (Account Number J) under the name of F on September 6, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the statement in D);

1. A real estate lease agreement;

1. A copy of bankbook;

1. Documents applying for loans;

1. A certificate of deposit verification;

1. Statement made to F;

1. Investigation report (report on the binding of a copy of the judgment);

1. Investigation report (specific for the victim who borrowed the deposit money);

1. Reporting of the previous conviction of the disposition and results thereof;

1. Application of Acts and subordinate statutes as a result of inquiry;