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(영문) 대전지방법원 2016.06.21 2016고단404
사기
Text

Defendants shall be punished by imprisonment for eight months.

However, as to the defendants, two years from the date of this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendants received proposals from H, I, J, etc. to the effect that the examination of workers’ full-time loan and the collection of loan are divided by taking advantage of the fact that the procedures for the examination of the loan and the collection of loan are not strict compared to other loans, and agreed to do so, Defendant B conspired in sequence with H, I, J, public intermediary K, etc. in order to acquire the loan by deceiving the financial institution by taking the role of false lessor, Defendant A, and Defendant A, by taking the role of false lessee.

On December 19, 2013, the Defendants drafted a false real estate lease agreement with the effect that the Defendants did not intend to rent and reside in the office of K’s “M real estate” located in the Dong-dong L in the large exhibition district, and that the Defendants “to lease the leased term of KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,0000

Defendant

A received a certificate of employment of a O having no record of actual service at that time from I, etc., and then filed an application for a loan of full-time employee with a false document, such as a lease agreement, certificate of employment, etc. prepared falsely, at the location of 1700 in the world of the large-time war around December 27, 2013.

On January 3, 2014, the Defendants received KRW 70 million from the injured party’s account as Defendant B’s deposit of KRW 70,000 from his/her pre-paid employee loan.

Accordingly, the Defendants conspired with H, I, J, K, etc. in order to receive KRW 70 million by deceiving the victims.

Summary of Evidence

1. Defendant A’s legal statement

1. The defendant B's partial statement

1. A protocol concerning the suspect examination of the police against the defendant B (two times);

1. A protocol concerning the examination of suspect of the police to I or K;

1. Statement made by the police with H;

1. Investigation report (Attachment of B Statement of Transactions), copy of loan documents, and application of Acts and subordinate statutes to investigation report (A loan-related documents);

1. Articles 347(1) and 30 of the Criminal Act concerning criminal facts.

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