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(영문) 서울서부지방법원 2015.07.23 2014고단1171
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

After having become aware of the so-called working loan service provider who received a loan from a financial institution by making false documents through site search, the Defendant conspireds with the working loan service provider C, D, etc., in collusion with the Defendant, even though the Defendant did not have concluded a pre-sale contract on the apartment owned by E, the Defendant concluded a pre-sale contract on the apartment and made a false pre-sale contract on the apartment and received a loan from a financial institution as security as if the pre-sale deposit was paid.

The Defendant, in collusion with C, D, etc. on December 11, 2013, submitted a false apartment lease contract prepared by the Defendant as if the Defendant had deposit amount of KRW 200 million with respect to F apartment 11-dong 304, Dong-dong branch in Seongbuk-gu, Chungcheongnam-gu, Seoul Metropolitan City, to the employee in charge of the loan of the bank at the branch of Dong-gu, Seoul Metropolitan City (Seoul Metropolitan City), stating that “The Defendant is paying KRW 200 million to the building owner and resides in the entire age.” The Defendant changed to offer the deposit as security.

However, the Defendant did not actually conclude the above lease contract, and the deposit was not paid, and even if the loan was executed, the Defendant did not have the intent or ability to pay the principal and interest normally.

The Defendant, in collusion with C, D, etc., by deceiving the said employee and obtaining the approval of the loan from the said employee, received a remittance of KRW 100,000,00 from the new bank account opened in the name of the Defendant on December 13, 2013, for the purpose of the loan.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of suspect examination of D by the police;

1. Application for a loan consultation, a loan transaction agreement, an apartment lease contract, an application for credit guarantee, a credit guarantee agreement, a receipt, a certificate of payment record of salary, an accomplice's photograph, a copy of passbook, and the application of statutes governing financial

1. Relevant provisions concerning facts constituting an offense;

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