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(영문) 서울북부지방법원 2018.01.11 2017고단4926
사기
Text

The punishment of a defendant shall be ten months.

Reasons

Punishment of the crime

In order to stabilize the residence of homeless workers with no special security, the Ministry of Land, Infrastructure and Transport has operated the system of loan for the entire house loan which provides loans at a interest rate lower than the market interest rate if an application for a loan is filed with only certain documents such as a certificate of employment, detailed statement of salary, etc. without any special security, and a deposit contract.

Taking into account the fact that the financial institution entrusted with the affairs related to the loan of the lease on a deposit basis conducts an improper examination and provides loans, brosers recruited false lessees and persons who will act as a lessor, and prepare a false lease contract and a certificate of employment to the lessee in the name of the lender. The false lessee applied for the loan of the lease on a deposit basis by submitting documents related to the falsely prepared employment and a written contract for the lease on a deposit basis to the financial institution. The false lessor cooperates in preparation of the lease contract, while the lessor made a request for confirmation of the actual existence of the lease contract from the financial institution, he/she conspired to commit the loan fraud by making a request for the loan of the lease on a deposit basis and distributing the loan to his/her accomplices.

On October 2013, the Defendant, along with Broker C, filed an application for a loan of housing lease on a deposit basis with the leased contract concluded between the lessee and the lessor, and with the work site of F Co., Ltd., the workplace of F Co., Ltd., for the lease contract concluded between the lessee and the lessor of the D building 1/301 in Gwangju City, and filed an application for a loan of housing lease with the Defendant as the site warden.

A person in charge of loan has concluded a lease contract properly, and the defendant is aware that he/she is employed as a person working as such and will be used as a fund for lease on a house.

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