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(영문) 서울서부지방법원 2014.09.26 2014고단1021
사기
Text

A defendant shall be punished by imprisonment for 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 a false document through site search, and conspired with D, E, F, G, etc., the above business entity, and the Defendant, even though the Defendant did not have concluded a lease contract for the apartment owned by H, the Defendant concluded a lease contract for the above apartment, and made a false document on the lease contract for apartment, etc., and received a loan from a financial institution as security, as if the lease deposit was paid.

On February 4, 2013, the Defendant, in collusion with D, E, F, G, etc., submitted a false apartment lease contract prepared as if the Defendant had a deposit amount of KRW 140 million for I apartment 102 Dong 503, 100,000,000 to the building owner as if the Defendant had a deposit amount of KRW 140,000,000 for I apartment 102 Dong 503, Dong-dong in Seocho-gu, Seoul, Seocho-gu, Seoul, and submitted a false apartment lease contract to the employees in charge of the above bank. The Defendant stated that “A false apartment lease contract is made to the building owner as security.”

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 D, E, F, G, etc., by deceiving the said employee and obtaining the approval of the loan from the said employee, and received transfer of KRW 78 million, which is the ownership of the victim’s national bank, from the national bank account opened in the name of the Defendant on February 7, 2013.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. An apartment charter contract, receipt, statement of credit president, detailed statement of credit transaction, loan transaction application, loan transaction agreement, personal transaction statement, financial transaction certificate, employment certificate, income tax withholding receipt and credit guarantee agreement on Class A earned income;

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