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(영문) 대전지방법원 2016.11.29 2016고단3119
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, together with B, prepared a false lease contract with B as the lessor and the Defendant as the lessee, and conspired to receive a loan from the National Housing Fund employee under the credit guarantee of the Korea Housing Finance Corporation for personal use through the Korea Housing Finance Corporation.

On December 26, 2013, the Defendant issued a false certificate of employment that the Defendant had worked in the D Management Office through B, which is a total book for the former generation fraud, and prepared a false apartment lease contract that the Defendant leases “Y, I, J, K, L, M, N, O-ground P Apartment 102 Dong 301,00,000,000 won from B in the G Licensed Real Estate Agent Office located in Dongcheon-si, Gyeonggi-do.”

On November 26, 2013, the Defendant applied for a loan of KRW 60 million to Qua who is an employee in charge of loan from the National Housing Fund in the National Housing Fund's housing lease loan at the 103 point of the Korea Bank Franchi Co., Ltd., Ltd. located in Ansan-si of Gyeonggi-do, and followed the Defendant’s work in the above D, as if he actually used the loan as a deposit for the lease deposit of the above apartment complex, and submitted the documents related to the lease contract termination made by falsity as above.

However, D is a so-called old company that created the loan of the deposit for the deposit, and the defendant did not have any intention to enter into a real lease contract for the above apartment, or to use the above loan as the deposit for the deposit for the deposit. Therefore, even if the victim received the loan, it did not have any intention or ability to repay it

Nevertheless, as above, the Defendant conspired with B, etc. to induce Q, and thereby, acquired 60 million won from the victim via C’s account (Account Number: R) in the name of loan for the lease deposit on December 6, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B by the prosecution;

1. Investigation Report (Adjustment of the Details of the contract), Seoul Southern District Court Decision 2015Gohap11.

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