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(영문) 서울서부지방법원 2014.10.15 2014고단2173
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On February 3, 2009, the Defendant was sentenced to four months of imprisonment for fraud at the Busan District Court's Dong Branch, and completed the execution of the sentence at the Busan Detention House on June 17, 2009.

【Criminal Facts】

After the Defendant became aware of the so-called “work loan” business entity that received a loan from a financial institution by making false documents through site search, the Defendant conspiredd with B, C, etc. as the above business entity, and the Defendant concluded a lease contract for the above apartment building even though the Defendant did not have concluded a lease contract for the apartment building owned by D, and entered into a false lease contract for the real estate lease contract and made a false payment for the lease deposit with the financial institution as if the lease deposit was paid.

On January 30, 2012, in collusion with B, C, etc., the Defendant submitted a false real estate lease agreement in collusion with the employee in charge of the above bank loan at the Yeongdong-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-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

However, the Defendant did not actually conclude the above lease contract, and the deposit was not paid, and even if the loan was executed, the Defendant did not have the intent or ability to pay the principal and interest normally.

The Defendant, in collusion with B, C, etc., by deceiving the said employee and obtaining the approval of the loan from the said employee, and received transfer of KRW 50 million, which is the ownership of the victim’s national bank, from February 2, 2012, through the national bank account opened in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect C or B of the police;

1. An investigation report (attached documents related to loans);

1. An application for a loan, a letter of loan transaction, and

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