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(영문) 서울서부지방법원 2015.09.09 2014고단971
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

After the Defendant became aware of the so-called “work loan” business entity that received a loan from a financial institution by making false documents through site search, and conspired with C, D, E, F, etc., the above business entity, and the Defendant, even though the Defendant did not have concluded a pre-sale contract for apartment owned by G, the Defendant concluded a pre-sale contract for apartment and made a false pre-sale contract for apartment, etc., and received a loan from a financial institution as security, as if the pre-sale deposit was paid.

On October 7, 2013, the Defendant conspired with C, D, E, F, etc., and submitted a false apartment lease agreement with the employee in charge of loan of the above bank as if he/she had a deposit of KRW 140 million for H apartment 501,000,000,000 to the building owner as if he/she had a deposit of KRW 140,000,000,000 for H apartment 50,000,000 at the two offices of the National Bank located in Seo-gu, Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do. The Defendant falsely stated that “a person in charge of loan of the above bank will pay

However, the Defendant did not actually conclude the above lease contract, and the deposit was not paid, and even if the loan was executed, the Defendant did not have the intent or ability to pay the principal and interest normally.

The Defendant, in collusion with C, D, E, F, etc., by deceiving the said employee and obtaining the approval of the loan from the said employee, and received the transfer of KRW 60 million, which is the ownership of the victim’s national bank, on October 11, 2013, through the national bank account opened in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Copy of the protocol concerning the examination of suspects of E or D by the prosecution;

1. Application of investigation reports (Attachment of documents related to A loan of a suspect) and the Acts and subordinate statutes on accompanying articles;

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

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