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(영문) 서울남부지방법원 2019.10.11 2019고단3894
사기
Text

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

Reasons

Punishment of the crime

On April 2014, the Defendant proposed to obtain a loan from “B” in order to obtain a loan from “B” due to personal information, which was known to the knowledge of the date, and proposed to act as a lessee of a false housing lease contract, and decided to act as a lessee with respect to “Ucheon-gu Seoul Special Metropolitan City C Apartment D”, and E, the owner of the said house, as a recruitment policy, was to act as a false lessor with the introduction of F, and G, a licensed real estate agent, as a licensed real estate agent, to take charge of preparing a false contract.

As above, the Defendant prepared a false charter contract with the above “B,” etc., and conspired to get a loan from a financial institution in sequence.

G: (a) at the I Office located in Hacheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, Ha on April 2014, 2014, the G prepared a false lease contract with the Defendant as the lessor; and (b) the Defendant signed and sealed the lease contract in the column of the lessee of the above lease contract, which was received from the above “B.”

However, the defendant did not actually rent the above house, and he thought that he obtained a loan from the victim's corporate bank by taking advantage of a false lease contract, and did not have any intention or ability to repay the loan to the victim.

Nevertheless, around May 30, 2014, the Defendant, in collusion with “B,” etc., submitted a pre-paid contract to an employee under the name of the victim company bank and received KRW 80 million from the victim for a pre-paid loan.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect against E, G, or F;

1. An apartment charter contract, a copy of passbook, a financial transaction statement, a loan application, a loan transaction agreement, an application for credit guarantee, a cash check, a certificate of employment, a certificate of eligibility for health insurance, a confirmation of subscription to the insured, a withholding receipt for wage and salary income, a statement of wages, and a certificate of subrogation;

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