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(영문) 인천지방법원 2020.02.05 2019고단8030
사기
Text

Defendant shall be punished by imprisonment for a term of one year and three months.

Reasons

Punishment of the crime

On July 20, 2017, the Defendant was sentenced to imprisonment with prison labor for eight months for a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. at the Incheon District Court, and the judgment became final and conclusive on February 23, 2019.

B(C) or D, as a total liability for the loan fraud of the entire loan, recruited a person who will act as a false lessee and a false lessor, prepared false documents, such as a certificate of employment, salary statement, etc., prepared a false house lease contract between a lessee and a lessor, prepared a false house lease contract between a lessee and a lessor, and planned to obtain and obtain a house lease loan from a financial institution. The Defendant participated in the contract in accordance with B’s proposal and conspired to act as a false lessee or a lessor.

1. The Defendant in collusion with B and false lessor G on July 28, 2016, the lessor G entered into a contract for the remainder of the lease deposit after purchasing from the seller and paying only the down payment. On July 28, 2016, the Defendant and the lessor G entered into a false lease contract setting forth the lease deposit amount of KRW 270 million around July 28, 2016, and the Defendant filed an application for a loan with the Central Branch of the Victim HF New-ro Bank, along with the aforementioned lease contract, the Defendant’s employment certificate, and the Plaintiff’s employment certificate, and the application for a guarantee of the deposit for lease on a deposit basis.

However, in fact, the document evidencing the income of the lessee was prepared for the purpose of the loan, and the lease contract was prepared for the purpose of the loan without the intention of the lessee and the lessor's contract or the tenant's residence. After the loan of the lease fund, it was thought that the lessee will be additionally subject to the loan of the house security.

Nevertheless, the Defendant conspired with B, etc. as above.

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