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(영문) 인천지방법원 2016.03.31 2015고정170
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 26, 2010, the Defendant was sentenced to two years of imprisonment for fraud at the Incheon District Court, and the said judgment became final and conclusive on February 25, 201. On June 15, 2012, the Incheon District Court sentenced one year and six months of imprisonment for fraud, etc. on August 3, 2012, which became final and conclusive on August 3, 2012. On February 19, 2013, the Defendant was sentenced to one year of imprisonment with prison labor at the Incheon District Court for fraud, and the said judgment became final and conclusive on April 25, 2013.

When Defendant C, C, D, and E recruited the nominal owner of a loan (hereinafter “the nominal owner”), D invested the real estate sale contract and actually conducted the real transaction on the ground of the above sub-party purchaser. The Defendant prepared a real estate sale contract in an amount less than the actual transaction value and signed and sealed by E in the broker column of the transaction contract, and the Defendant conspired to obtain the loan by applying the above transaction contract and the false employment certificate against the above sub-party purchaser, and the source collection receipt of wage and salary income to the financial institution as a loan for housing purchase fund.

C On June 1, 2009, after being introduced from the deceased (one person H) in the G Official Brokerage Office located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon Metropolitan City, from the G Official Brokerage Office, C introduced D as the purchaser of JJ No. 401 (hereinafter “the instant loan”) of Nam-gu Incheon Metropolitan City.

D On June 10, 2009, K and real estate sales contracts were concluded with the seller, even though I had not purchased the instant loan, on the ground that I received the instant loan from G A as the buyer at the G Authorized Brokerage Office operated by it.

E on the same day and at the same place, the facts were signed and sealed on the brokerage column of the real estate trading contract (the so-called "business contract"; hereinafter referred to as "business contract") prepared by the Defendant at a lower price than the actual transaction price, as if I purchased the loan of this case in the absence of purchase by KRW 110 million.

After July 2009, the Defendant was a policeman.

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