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(영문) 청주지방법원 제천지원 2019.02.21 2018고단397
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On July 1, 2015, the Defendant submitted the following: (a) around July 1, 2015, at the head office of the C, the Defendant: (b) filed an application for a loan with the employees D of the said association, the victim, as security; and (c) entered into a lease agreement with G on the said apartment as if the lease agreement was entered into with G as to the said apartment amounting to KRW 5,000,000, monthly rent of KRW 400,000 with the lessee; and (d) submitted the details of the perusal of the transferred household that was searched to the road name address in order to prevent the existence of the actual occupying household, along with the false real estate lease agreement.

However, in fact, the Defendant succeeded to the obligatory lease contract between G and H with the former owner of the apartment as the deposit amount of KRW 80,000,000, which was concluded between G and H. In order to facilitate the loan by deceiving the above apartment as if there was no senior mortgagee, the Defendant notified the fact that it was false to the employees belonging to the victim’s association.

The Defendant received 48,00,000 won from the victim union as the loans on the same day from the victim union to the I account under the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim association.

2. On April 5, 2016, the Defendant submitted the following: (a) around April 5, 2016, the following documents: (b) around 2016, the Defendant: (c) filed an application for a loan with the employees M of the employees of the said association, the victim, as security; (d) filed an application for a lease contract with the lessee for the said apartment at KRW 10,000,000, monthly rent of KRW 400,000 with the lessee; and (e) filed a false lease agreement with the lessee; and (e) submitted the details of the perusal of the transferred household, which was searched to prevent the existence of the actual occupying household.

However, in fact, the defendant is KRW 100,000,000, which the tenant entered into between Q and the former owner.

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