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(영문) 수원지방법원 2015.09.14 2015고단2190
사기
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

The Defendants, “I wish to take the required documents, such as a false lease contract, and obtain a loan from the bank from the bank,” which is called “G,” etc., and subsequently, agreed to do so in a successive manner, and Defendant B conspired to obtain a loan for the preparation of a lease deposit by purchasing a false lease contract, etc. as if H, introduced through Defendant A, rents an apartment house owned by the Defendant.

The Defendants conspired with H and Brokers on June 27, 2013, but at Osan-dong Branch of the Bank, the Defendants did not intend to lease No. 1315 Do 401 from Defendant B’s ownership at Osan-si. However, even if they thought that they were to have been divided into loans, as above, the Defendants submitted documents such as a false lease contract, down payment receipt, and a false certificate of employment created by brokers to the employees of the bank’s name and submitted them to the employees of the victim bank’s name and was transferred from the victim on July 5, 2013 to the national bank account under Defendant B’s name.

Summary of Evidence

1. Defendants’ legal statement

1. A suspect interrogation protocol of H by the prosecution;

1. Statement to J police officers;

1. Application of details of transactions, current status table of bank transactions, application for loans, certificate of request for transfer to others, certificate of employment, real estate lease contract, receipt, resident registration, and certified copy of Acts and subordinate statutes;

1. Relevant Articles 347(1) and 30 of the Criminal Act and the Defendants’ choice of punishment for criminal facts

1. The Defendants on probation: (a) the Defendants’ crime of sentencing under Article 62(1) of the Criminal Act significantly undermines the operation of the system for granting workers’ full-time housing loans to stabilize their residence; (b) the degree of participation in the crime; and (c) details of the distribution of profits among the accomplices.

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