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(영문) 서울서부지방법원 2016.09.23 2015고단981
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant and the Joint Defendant E (hereinafter “E”), together with F, drafted a false lease agreement with the Defendant, as if they were moving into a sub-lease G apartment 109, Seocheon-gu G apartment owned by the Defendant, and submitted it to the financial institution to obtain a lease loan.

On January 10, 2014, the Defendant and E, together with F, have drawn up a false lease contract amounting to KRW 150 million with respect to the above G apartment 109, at the I Authorized Brokerage Office located in Bupyeong-si, Busan, and with respect to the above G apartment 109, the lessor A, E, broker J, and the lease deposit amount of KRW 100 million.

In addition, E was transferred 80,000,000 won to a new bank account in the name of the Defendant on February 27, 2014 under the name of the said employee, at the new bank branch in Mapo-gu, Seoul, 68 E-Mapo-ro, and the second floor in the second floor in Mapo-gu, and submitted the above false lease contract to K, who is an employee in charge, while submitting the above false lease contract, and then applying for a lease loan, and its affiliated money was transferred from the said employee to the new bank account in the name of the Defendant on February 27, 2014.

Accordingly, the defendant and E obtained the victim's property in collusion with F.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement by the police concerning L;

1. An apartment charter contract, receipt, deposit certificate, and all certificates to be registered;

1. Application of investigation reports (verification of details of account transactions in the name of a suspect A and written consent to provide financial transaction information, etc.), investigation reports (verification of the identity of a witness M/suspect E mobile phone subscribers and attaching related data), investigation reports (Perusal of mobile analysis data in the suspect A-used mobile phone and attaching related data, such as mobile analysis data), and investigation reports (verification of recording records of suspect E unmanned meetings) to statutes;

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommending punishment] The general fraud area of Type 1 (less than KRW 100 million) (one year to two years).

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