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(영문) 서울서부지방법원 2017.12.20 2017고단1048
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Public offering relationship] The Defendant applied for an illegal loan to a lessor or a tenant of a house purchased from a real estate business entity and a loan hub, etc. and divided the loan. Accordingly, G purchases a house leased in the form of a lease on a deposit basis, and prepares a false lease contract through Dong H with L who is an employee of the victim F Cooperatives (hereinafter “victimF”), and contact with L who is an employee of the victim FF Cooperatives (hereinafter “victim”) and engages in loan-related affairs. M & N, etc. are recruited as a lessor or lessee of the purchased real estate. Each lender, including the Defendant, purchased housing as above, and each lessee, including the Defendant, entered into an existing lease contract with the lessor and lessee of the house, despite the existence of a lessee who resides in the existing lease contract, and prepared a false lease contract with the lessor and lessee, based on this, G applied for a loan on a deposit basis, and prepared a loan agreement in order to obtain approval from the president in order as if the loan was made by the victim’s employees and the director of the FFO in charge of the loan.

[Specific criminal facts] The defendant visit the victim F office in Eunpyeong-gu Seoul Metropolitan Government around August 11, 2015 according to the above public offering and applied for a loan of the amount equivalent to KRW 140,000,000,000 to the victim F office, and as if the normal lease contract was concluded, he submitted to the lessor Q, lessee, lessee, leased object “A”, Seoul Eunpyeong-gu R No. 402, deposit money, and multi-household house lease contract, which is composed of “the KRW 402,00,000,000,” and G submitted to the employee in charge of loan, and G issued the written lease contract prepared in advance through H to the defendant, and I overall takes charge of the loan procedure, and I extended the loan related documents to the defendant through S.

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