2016 Highest 321 Fraudulent

1. A;

2. B

OO (prosecutions) andOO (Public trial)

○○○ (Korean War for the Defendants)

March 10, 2016

Defendant A shall be punished by imprisonment with prison labor for a year and six months, and imprisonment with prison labor for a year and four months, respectively.

The Ministry of Land, Infrastructure and Transport has operated the system of lending of money for lease on a deposit basis (the change to the loan of money for lease on a deposit basis on January 2015) to lend money to workers at a rate lower than the market interest rate if the Minister of Land, Infrastructure and Transport applies for a loan with only certain documents such as a certificate of employment without any special security, the receipt for tax withholding, and a contract for lease on a fixed date (the lease on a deposit basis) with the National Housing Fund to stabilize the housing of homeless workers with the financial resources

The crime of false workers’ loan fraud is to establish a housing lease contract in the name of a false lessee by deceiving a lessor as if the borrower actually works for a disguised company as if he/she were to engage in a false business of lending money to a financial institution entrusted with the business of lending money to workers, by submitting documents related to the loan money to the financial institution that is entrusted with the business of lending money to workers, through a formal examination. The structure is to make a false employment-related document, such as a certificate of employment, a detailed statement of payment, a certificate of income tax withholding, etc., in the name of a disguised company as if the borrower actually works for a worker, and to make a false employment-related document, such as a certificate of employment, a false statement of payment, a certificate of income tax withholding, etc., in the name of a disguised company. As such, as if the lessor actually entered into a housing lease contract with the realizing of the leased money,

Around October 2013, a loan hub in name (one name C) solicited Defendant B to use a false lease contract or a false employment certificate, etc. to invite a person with a high credit rating that can receive a loan to distribute the loan to Defendant B by obtaining a loan for a loan for a loan for a loan for a loan for a loan for a loan. Defendant B consented to the loan and made the loan available to Defendant A by submitting a false loan document to the financial institution and made it possible to obtain a loan for a loan, the loan will be 40% of the loan for a loan, and only the payment of interest for a few months may not be subject to criminal punishment. Defendant A also applied for a loan for a loan for a loan for a loan for a house for a loan for a loan for a loan for workers with a false employment certificate, a false real estate lease contract, etc., which has been created with a false loan hub in name, submitted to the financial institution. Upon deposit of a loan to a lessor account, the lease contract was terminated and the loan was returned from the lessor in sequential order.

According to the above public offering, Defendant B and A found at ○○○○○○○○○ branch in Dobong-gu Seoul Metropolitan Government on November 2013, along with his nameless loan hubs, etc., and notified the loan counseling staff of the bank of the list of documents to be submitted by the loan applicant after consulting on the loan of funds to the loan counseling staff. A around November 21, 2013, as if A was in the ○○○ industry, around November 25, 2013, prepared relevant documents, such as a false certificate of employment, and around November 25, 2013, at the ○○○○○ Real Estate office located in Dobong-gu Seoul Metropolitan Government ○○○○○○○○dong, Seoul, Seoul, OOO - OO O ○○○○○○ branch in order to obtain a fixed date of lease deposit amount of KRW 130,000,000 in the name of lessor D and lessee, and prepared for A’s resident registration certificates and other documents.

On December 5, 2013: around 00, at the ○○○○ branch of ○○ bank, Defendant B and the name-free loan hub (one-day C) are waiting in front of the bank. Defendant A and the name-free loan hub (one-time loan hub) applied for the loan of 90 million won to the employee in charge of the loan of her name-free loan into the bank, and submitted the false certificate of employment and the real estate lease agreement as if the documents were actually prepared, and carried out the loan as if they were to be used as the lease deposit.

However, in fact, the real estate lease contract was made by falsity without the intention of actual lease, and the defendant A did not have worked or received the benefits in the case of the LOO○ industry, and the defendants did not have any intention to actually use the loan as the lease deposit.

On December 6, 2013, Defendant B and A transferred KRW 90,000,000 to the account in the name of ○○ bank account in the name of ○○ bank as a loan for employee deposit on a deposit basis to the ○○ bank account in the name of ○○ bank around December 6, 2013, and immediately after deposit, Defendant B and A returned KRW 90,000,000 from her husband E and distributed it to each other.

As a result, Defendant B and Defendant A were provided property from the victim by deceiving the victim in collusion with his name-free loan hub.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in a complaint;

1. Statement E in the suspect interrogation protocol of the Defendants to the prosecution

1. Statement made by the prosecution with respect to F, and G’s statement (including account transaction details);

1. Application for a loan from the National Housing Fund, a letter of loan transaction, a certificate of employment, a real estate lease contract, a receipt, a certified copy of resident registration, and a certificate of confirmation;

1. A written confirmation of each account (○○ Bank, ○○ Bank, and ○○ Bank), promissory note, and account details, detailed statement of deposit transactions, check payment statement, application form for credit guarantee, family relation certificate, salary statement, and written confirmation of a lease agreement;

Application of Statutes

1. Article applicable to criminal facts;

Articles 347(1) and 30 (Selection of Imprisonment with Labor)

Common sentencing guidelines shall apply to the defendants on the grounds of sentencing, but the sentence shall be determined by reflecting the amount of profit distribution based on the defendants' statements and evidence materials.

○ Criminal Type: Fraudulent Crime 01 General Fraud 01.10 million won or less.

○ Recommendations: 1 year - 2 years and six months (aggravating areas)

○ Sentencing elements

- The method of the commission of a crime is very poor (if the method and method of the crime have been sufficiently planned in advance);

To the extent of this recommended sentence prior to the decision of ○ sentence, considering the fact that Defendant A’s share of fraud profits is KRW 27 million and the share of Defendant B’s fraud profits is KRW 3 million, the degree of the Defendants’ participation in the commission of the crime is determined in consideration of the degree of the Defendants’ participation in the crime.

Judges Habcheon-cheon