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(영문) 서울북부지방법원 2016.09.23 2016고단3351
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal History] The case: Jeju District Court Decision 201.1. 13.: Imprisonment with prison labor for one year and two years of suspended execution: Criminal facts established on January 21, 2016 / [the structure of fraud of loan for false house lease / [the structure of fraud] The Ministry of Transport and Maritime Affairs operates the system of loan for entire house loan for workers (the change to "loan for entire team fund" on January 2015), which provides loans to the National Housing Fund at a rate lower than the market interest rate if the National Housing Fund applies for the loan with documents related to employment, such as a certificate of employment and a statement of salary, and only certain documents, such as a lease contract, to stabilize the residence of homeless workers with no special security.

However, the fact that the financial institution entrusted with the affairs related to the loan of the lease on a deposit basis only reviews the loan and provides the loan to the person who will act as a false lessee and a false lessor, and the loan brosers shall prepare a false certificate of employment and a written lease contract for the lessee in the name of the lender, and the false lessee shall file an application for the loan of the lease on a deposit basis with the financial institution as above. The false lessee shall cooperate in preparation of the lease on a deposit basis, and at the request of the financial institution to verify the existence of the contract on a deposit basis, in performing each of the following roles: (a) the lessor shall request the loan of the lease on a deposit basis and receive the loan from the lender and distribute the loan deposited to him/her; and (b) the fraudulent lessee shall file an application for the lease on a deposit basis with the financial institution for the lease on a deposit basis.

[Specific facts constituting a crime C (police investigation) shall invite false lessors or lessees to participate in loan fraud by advertising that it is possible to lend money to unemployed persons with lower credit rating, and instruct them to forge loan documents.

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