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(영문) 인천지방법원 부천지원 2018.06.08 2018고단661
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 15, 2015, the Defendant was sentenced to six months of imprisonment for fraud and one year of suspended execution in the Incheon District Court Branch Branch of the Incheon District Court, and the judgment became final and conclusive on May 23, 2015.

On September 19, 2014, the Defendant: (a) prepared a pre-tax agreement as if he leases No. 401 of the 4th floor G to E, Y, Y and the Defendant’s possession; (b) submitted the said pre-tax agreement to the bank; (c) received a low interest rate loan; and (d) drafted a false pre-tax agreement as if he/she leases No. 401 of the said 400 million won to E from September 19, 2014 to KRW 120 million.

However, the defendant did not have the intent to rent No. 401 above, and E did not have the intent or ability to repay the loan even if the loan was granted, and the defendant was also aware of such fact.

Accordingly, on September 19, 2014, E submitted a loan document, such as a false certificate of employment, to an employee in charge of the name in charge of the bank, which is the company entrusted with the affairs of the Korea Housing Finance Corporation, the victim bank, and the defendant, on October 2, 2014, transferred the amount of KRW 75 million to the Saemaul Treasury Account in the name of the defendant, under the name of the defendant, to D, in cash, and delivered the full amount of the money in cash, and received KRW 3 million from D in the name of the fee.

Accordingly, the defendant was informed of the victim in collusion with D and E, and received property from the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Documents, etc. for application for E-tax loan for witnesses;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of the same kind of force);

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1.Article 62(1) of the Criminal Code of the Suspension of Execution (hereinafter referred to as the following):

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