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(영문) 대전지방법원 2016.04.14 2016고단358
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

Reasons

Punishment of the crime

The Defendants received proposals from D, etc. to the effect that the examination of workers’ full-time loan and the collection of loan are divided by taking advantage of the fact that the procedures for the examination of the loan and the collection of loan are not strict compared to other loans, and agreed to do so, Defendant A conspired in sequence with D, etc. to acquire the loan by deceiving the financial institution by taking charge of the role of false tenant, Defendant B, and the role of false landlord

On December 10, 2012, the Defendants: (a) had no intent to rent and reside in an “F Authorized Brokerage Office” office located in Sungsung-gu, U.S.; and (b) without Defendant A’s intent to rent and reside in an apartment, Defendant A prepared a rental contract for the lease of 2 years, Seo-gu, Seoul, Seoul, the wife G, and 100 million won; and (c) Defendant A received from D a false certificate of employment of the I who did not have worked at that time.

Defendant

On December 21, 2012, A submitted false documents, such as a pre-tax agreement, a certificate of employment, etc., to the employee in charge of loan of the victim Han Bank, at the 99-ro, Seo-gu, Seo-gu, Seo-dong, Seo-gu, 2012.

On December 22, 2012, the Defendants received KRW 70,000,00 from the injured party to the G account as deposit of KRW 70,000 from the former loan.

As a result, the Defendants conspired with D et al. to deceiving the victim and received KRW 70 million.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made against J, K and L;

1. Each investigation report (the 44-53 pages, 54-73, 74-178, 179-180, 181-194, 195-196, 207, 209, 245-247, 281-287, 295-327, 456-457, 503-523, 524-526 of investigation records);

1. A lending documents;

1. Application of the AFA transaction statement, virtual account transaction statement (A, one bank), each bank transaction application form, and each statute on financial transaction;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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