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(영문) 대전지방법원 2016.11.02 2016고단350
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for seven months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

The Defendants received proposals from D, E, etc. to the effect that the examination of the employee loan and the collection procedure of the loan are divided by taking advantage of the fact that they are not strict compared to other loans, and agreed to do so, Defendant B plays a false lessor and Defendant A conspired in order with F, D, E, G, etc. to acquire the loan by deceiving the financial institution by taking charge of the false tenant's role.

Defendant

A, around June 22, 2014, at the I Licensed Real Estate Agent Office located in Sungsung-gu H, the defendant A, who did not intend to rent and actually reside in an apartment house from the defendant B, prepared a false lease agreement with the defendant B, stating that "J apartment 105, 1104, J apartment 104, J apartment 105, and 150,000,000,000 won, which is the defendant B owned," and the defendant B consented thereto through E.

Defendant

A around July 16, 2014, after receiving a certificate of employment of K without any record of work at that time from D, submitted to the employee in charge of loan-related documents, such as a pre-tax agreement and a certificate of employment, and applied for the loan of pre-tax to the employee in charge of loan-related documents at the Han Bank's official branch located in 120-1, U.S., Han Bank's official branch of Han Bank, Han Bank.

around July 16, 2014, the Defendants received KRW 80 million from the victim to the Defendant B’s account from the victim.

Accordingly, the Defendants conspired with F, D, E, G, L, etc. in order to receive property by deceiving the victim.

Summary of Evidence

1. Defendant B’s legal statement

1. A suspect interrogation protocol of the prosecution;

1. A certified copy of an interrogation protocol of prosecution E;

1. A copy of an interrogation protocol of F or L by the prosecution;

1. An investigation report (Attachment to a specification of transactions, etc.);

1. Application of Acts and subordinate statutes to investigation reports (the details of loans remitted to A by B);

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts and the selection of punishment;

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