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(영문) 대전지방법원 2016.04.15 2015고단4488
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for seven months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

The Defendants received proposals from D, E, etc. to the effect that the examination of the employee loan and the collection of the loan are divided by taking advantage of the fact that the procedures for the examination of the employee loan and the collection of the loan are not strict compared to other loans, and agreed to do so, Defendant A served as a false tenant, Defendant B conspired in order with E, D, F, G, etc. to acquire the loan by deceiving the financial institution by taking charge of the false lessor's role.

On March 29, 2014, the Defendants: (a) prepared a false lease agreement with Defendant B for a lease term of 2 years, a deposit of 120 million won; and (b) received relevant documents, such as a false certificate of employment, from Defendant A, from D, even though Defendant A did not intend to actually rent and reside in an office of “I,” located in the Dong-dong, Dong-gu, Seoul; (c) Defendant A had no intention to actually rent and reside in an apartment.

Defendant

A at a point in Busan Special Metropolitan City, Seo-gu, Busan Special Metropolitan City on April 14, 2014, at a point in which one bank is located in Seo-gu, Seo-gu, Seo-gu, 1030, filed an application for loan of pre-tax loans by submitting false documents, such as a pre-tax agreement, certificate of employment, etc., to the employee in charge of lending funds from the victim bank. On April 25, 2014, it received KRW 80 million from the injured party to the account under the name of the defendant B.

As a result, the Defendants conspired with D, etc. in order, and were issued KRW 80 million by deceiving the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Investigation report (A loan-related documents), application of loan-related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

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

1. Defendant A with reasons for sentencing under Article 62-2 of the Criminal Act (Defendant B): The fact that the nature of the crime is inferior in light of the method of the crime in this case, and the fact that the amount of fraud is not stated.

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