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(영문) 대전지방법원 2016.11.08 2016고단430
사기
Text

A defendant shall be punished by imprisonment for seven months.

Reasons

Punishment of the crime

Upon receipt of a proposal from C, etc. to the effect that the examination of the loan of full-time workers and the procedure for collecting the loan are not strict compared to other loans, the Defendant obtained and divided the loan of full-time, and agreed to do so, and the Defendant conspired in sequence with C, etc. to acquire the loan by deceiving the financial institution by taking charge of false tenant roles

On May 2012, the Defendant, even though he/she did not intend to rent and reside in an apartment, prepared a false lease contract with the content that “The lease of the first floor of Eunpyeong-gu Seoul E building 101 to 100 million won for the lease term of 2 years for the lease term of the 100 million won,” and received the false certificate of employment, etc. from C.

On June 22, 2012, the Defendant submitted false documents, such as a pre-tax agreement, certificate of employment, etc., to the employee in charge of loan of the victim bank at the Doe-dong, Gangnam-gu, Seoul, and applied for a loan of pre-tax funds to the employee in charge of loan of the victim bank. The Defendant received KRW 70 million from the victim on June 29, 2012 in deposit from the bank account in the name of D.

As a result, the Defendant conspired with C, etc. in sequential order and received KRW 70 million by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution concerning D;

1. C and F statements;

1. Application of Acts and subordinate statutes to investigation reports (including attached documents);

1. Relevant Articles 347(1) and 30 of the Criminal Act regarding criminal facts, and Articles 347(1) and 30 of the Criminal Act regarding the choice of punishment, and the reasons for sentencing of sentence are contrary to the defendant. However, in light of the applicable law and behavior of the crime in this case, the defendant's liability is heavy, the amount of damage is heavy, the damage is not recovered, the defendant's profits from criminal facts are not substantial, and the punishment is determined as per the order, comprehensively taking into

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