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(영문) 인천지방법원 2016.06.16 2015노3624
사기등
Text

The judgment below

The part against the defendant shall be reversed.

The defendant is not guilty. The summary of the judgment against the defendant.

Reasons

1. Summary of grounds for appeal;

A. A person who prepares a written lease agreement of this case by mistake is not the defendant but the defendant's employee.

S was punished in relation to the preparation of other contracts, including the written lease contract of this case, in the future of the Defendant.

The Defendant is not related to the instant crime.

There is no fact that the court below did not know of the joint defendants and conspired with them.

B. The sentence sentenced by the court below to the defendant (the imprisonment of 10 months, the suspended sentence of 2 years, and the community service order of 80 hours) is too unreasonable.

2. The summary of the facts charged / 【Structure of the fraud of lending money to false workers’ loan / The Ministry of National Land, Infrastructure and Transport operates a system of lending money to workers’ lease on a deposit basis, which loans at a rate lower than the middle interest rate if an application for a loan is filed with only certain documents, such as a certificate of employment, detailed statement of wages, etc., without any special security, to stabilize the residence of homeless workers from the National Housing Fund

그러나 근로자 주택 전세자금 대출 관련 업무를 위탁 받은 금융기관이 형식적인 심사만 하고 대출을 해 준다는 사실을 알고, 대출 브로커들은 허위로 임차인과 임대인 역할을 하는 사람들과 함께 근로자 주택 전세자금 대출금을 가로챌 것을 모의하였다.

Accordingly, loan broscers have a false employment-related document and false content related to a lessee as a person holding a name of a loan and have a false document related to the lessee. The false lessee submits documents related to the falsely prepared employment and the written contract for the lease of a house to a financial institution, and apply for the lease of a house to the employee while submitting the written contract for the lease of a house to the financial institution, and the false lessor who will engage in the lease of a house enters the request of a financial institution to verify the existence of the lease of a house.

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