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(영문) 의정부지방법원 고양지원 2015.09.10 2015고단1916
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

In order to obtain a business financing loan, the Defendant prepared a false lease contract with a person who is a bromoer’s name (hereinafter referred to as “C”), along with a false loan contract, and conspired to obtain a lease loan from a bank to acquire it by fraud.

Accordingly, on January 22, 2015, the Defendant: (a) prepared a false apartment charter contract for the instant real estate with the lessor for G, and the lessee for the following apartment lease contract with the owner of G and G, who is the son of G and G, at the E Licensed Real Estate Agent Office of Yongsan-gu, Busan-gu, Busan-si, and 101 (hereinafter “instant real estate”); and (b) on January 23, 2015, the Defendant requested a loan by submitting a false apartment charter contract for the instant real estate at the Pungdong-gu, Busan-gu, U.S., the 262nd floor of the forest-speed village of the Dong-gu, Busan-gu, Busan-si, and the victim of the 262nd floor of the forest-only, the Plaintiff, at the Pungdong branch of the new bank, the loan officer I prepared as above.

On January 30, 2015, the Defendant had the victim remit the loan of KRW 160 million to the head of the Tong in the name of the above G, and the above G remits the entire amount to the Defendant on the same day, and the Defendant has given the above amount of KRW 80 million to the above C.

Accordingly, the defendant, in collusion with the above C, acquired 160 million won by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused (including H statements);

1. The police statement to J and K;

1. Application of Acts and subordinate statutes to details of transactions, loan application documents, pledge documents, data on rights investigation, details of payment of loans, data on approval for purchase of rights, documents on urging to implement loan agreements, and copies of bankbooks;

1. Article 347(1) and Article 30 of the Criminal Act; the choice of imprisonment with labor for the crime;

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant conspireds with the loan broker, thereby making a false lease contract.

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