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(영문) 서울동부지방법원 2015.08.13 2015고단1408
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant, C, D, etc. used the fact that the loan of employee house leasing fund to workers and ordinary people is made through the examination of documents without due diligence, and prepared documents to receive the loan, such as preparing a false real estate lease contract, and received the employee house leasing fund from financial institutions and received the loan from financial institutions.

D) On April 2010, 2010, at a place where it is impossible to know a place where the police officer was was located, D prepares a false contract on loan that the Defendant leased KRW 301,00,000 to KRW 73,000,000 for lease deposit, and C prepares a false certificate of employment that the Defendant is working as the manager of the management division in the (ju), Nam-gu, Seoul, Yeongdeungpo-ro 4,000,000,000 won.

On May 11, 2010, the Defendant submitted a false loan loan agreement and a false certificate of employment, etc. prepared in the above form with a loan application to a loan-in-charge who is unable to know the name of his/her employee at a tri-dong, Gangseo-gu, Seoul. The Defendant was transferred KRW 50 million from the victim to a single bank account (G) in the name of the lessor (F) of the above E-Ba 301 (F).

Accordingly, the defendant was given property by deceiving the victim in collusion with C, D, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each police interrogation protocol regarding C or D;

1. Each police statement made to H, F, and I;

1. Investigation report (report on the results of search by South and North Korea weather in a stock company);

1. The receipt of deposits without passbook (11), and the details of each account transaction (33,36 No. 11);

1. Application of the loan transaction agreement (number 9), the real estate lease agreement (number 10), the certificate of employment (number 13), and the application for loan from the National Housing Fund (number 15);

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. The sentencing under Article 62(1) of the Criminal Act is as follows.

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