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(영문) 서울서부지방법원 2014.08.07 2014고단879
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Justice] On March 13, 2008, the Defendant was sentenced to five years of imprisonment for robbery, rape, etc. at the Daejeon District Court on October 15, 2012 and completed the execution of the sentence in the military prison on October 15, 2012.

【Criminal Facts】

After having become aware of the so-called “work loan” business operator who received a loan from a financial institution by making false documents through site search, the Defendant conspireds with C, D, E, etc. as the above business operator, and even though the Defendant did not conclude a lease contract with respect to an apartment owned by F, the Defendant concluded a lease contract with respect to the above apartment and received a loan from a financial institution as security, as the Defendant did not have concluded a lease contract with respect to the apartment owned by F and paid the lease deposit.

On October 14, 2013, the Defendant, in collusion with C, D, E, etc., submitted a false apartment lease contract, which was prepared as if the Defendant had a deposit of KRW 220 million in 20,000,000,000,000, to the employees in charge of the said bank loan located in the Campdong-dong-dong-gu, Sungnam-si, Sungnam-si, and the employees in charge of the said bank loan, and the Defendant submitted a false apartment lease contract, which was prepared as if he had a deposit of KRW 22,20,000,000,000,000 to the building owner. The Defendant made a false statement to the effect that the deposit is offered as security.”

However, the Defendant did not actually concluded the aforementioned lease contract, and did not have paid the deposit, 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 C, D, E, etc., by deceiving the said employee and obtaining approval for the loan from the said employee, and was transferred KRW 100,000,000,000 owned by one bank account in the name of the Defendant on October 17, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect by the prosecution against the defendant or C;

1. The lease contract for the apartment;

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