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(영문) 부산지방법원 동부지원 2016.09.28 2016고단1147
사기
Text

The sentence of sentence against the defendant shall be suspended.

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, the Defendant conspireds with C, D, etc., the above business entity. The Defendant concluded a lease contract for an apartment owned by E even though the Defendant did not have concluded a lease contract for the apartment owned by E, and entered into a false real estate lease contract, etc. with the said apartment and received a loan from a financial institution as security, as if the lease contract was paid

In collusion with C, D, etc. on January 13, 2012, the Defendant submitted a false real estate lease agreement which was prepared as if the Defendant had a deposit amount of KRW 100 million to the employee in charge of the above bank loan of KRW 1841 Dong 406, Won-gu, Seocheon-gu, Gyeonggi-do, and submitted to the building owner a false real estate lease agreement which was prepared as if there was a deposit amount of KRW 100 million for the above bank loan of KRW 1841 Dong 406.

The term “tegrative loan” was false, stating that the deposit is provided 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, there was no intention or ability to pay the principle normally.

In collusion with C, D, etc., the Defendant, by deceiving the above employees as above, obtained the approval of the loan from the said employees, and received the transfer of KRW 40 million, which is the ownership of the victim’s national bank, on January 20, 2012, through the national bank account opened in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a copy of each protocol concerning the examination of suspects to C or D by the prosecution;

1. Article 347 (1) and Article 347 of the Criminal Act, the choice of imprisonment with prison labor, and the choice of punishment for the crime;

1. Reasons for sentencing under Article 59(1) of the Criminal Act of the suspended sentence [the prosecutor’s opinion] 2 years of imprisonment [the decision of sentencing] suspension of sentence (6 months of imprisonment): Unfavorable circumstances.

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