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(영문) 서울서부지방법원 2018.05.03 2017고단1049
사기
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above penalties shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Public offering relation] The Defendants applied for a loan of illegal loan to a new cooperative or credit cooperative, etc. where the examination of loan documents is relatively difficult compared to real estate business operators and loan brokers, etc. and divided the loan. Accordingly, F takes charge of purchasing a house leased in the form of a lease on a deposit basis, and preparing a false lease contract through Dong G, and H, I, and J contact with L who are employees in charge of loan of the victim K cooperative (hereinafter “K”); and M, N,O et al. recruit a tenant of the purchased real estate as a lessor or lessee; and each person under the name of the Defendant et al., including the Defendant, purchased housing by the Defendant, entered the existing lease contract into with the lessor and lessee of the above housing, and applied for a loan of the lease on a deposit basis; and prepared a false lease contract in order to obtain approval from the president of the company in charge of the victim K as if the loan was made by the public offering in order.

[Specific criminal facts] Defendant B, upon the above public offering, visited K office in Eunpyeong-gu, Seoul around November 6, 2015 and applied for a loan of the amount of KRW 110 million, and concluded a normal lease contract, Defendant B submitted a written contract for multi-household house lease with the lessor’s “A,” the lessee’s “B,” the leased object “R Building, Eunpyeong-gu, Seoul (hereinafter “the instant loan”),” and the “10 million won per day0 million won,” and Defendant A visited the above K office at that time to the normal lessor of the said multi-household house.

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