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(영문) 서울중앙지방법원 2015.07.08 2014고단10226 (2)
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. In the case of “banking financial resources loan,” other than the public offering for loan fraud organizations and loan fraud, C et al., etc., the lending of the entire loan out of the bank itself. However, since the Korea Housing Finance Corporation guarantees the amount of 80% of the above loan, the Korea Housing Finance Corporation (hereinafter “Korea Housing Finance Corporation”) intended to acquire the loan by deceiving the bank by deceiving the lessee who applies for the entire loan (hereinafter “user”), entering into a false lease contract, or the lessor who is able to enter into a false lease contract with the said applicant by abusing the fact that the procedures for examination of the loan and the collection of the loan are not strict compared to other loans, and then, to obtain the loan by deceiving the bank under the method that the fraudulent lessee and the lessor actually entered into a contract for the entire loan and

C as the total liability of the loan fraud group for the lease on a deposit basis, the corporation that would make false lessors, lessees, and loan-related documents is excluded, and E, other than the public prosecution that operated D, did not actually work for the above tenant, provided the related documents to the company as if the tenant were to falsely supply the related documents as if the tenant were to work for the company that operated the company at a certain price, then the tenant was 40%, the landlord was 10%, and the corporation was 5-10%, and the remainder was recruited by C, etc. by dividing them.

2. Defendant A and the upper-party F entered into a false charter contract as if the Defendant entered into a charter contract with respect to the housing located in Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City at the H Licensed Real Estate Agent Office around November 3, 2012, even though the Defendant did not have actually been able to enter into a lease contract and the Defendant did not have been working for the company D, the Defendant and the upper-party F entered into a charter contract with the former amount of KRW 120,000,000 as if the Defendant entered into a charter contract with respect to the housing located in Seo-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, which was located around that time.

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