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(영문) 수원지방법원 2017.04.28 2017고단731
사기
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant

A is a person who has run a "F" route in around 2009, and Defendant B is a person who has been in charge of fund management and accounting in the above Mana, and G is a person who has operated a store in the above Mana.

On November 20, 2012, the Defendants conspired to use the leased money after submitting a false lease agreement, etc. to the bank. On or around November 20, 2012, Defendant B: (a) prepared a false lease agreement and a receipt of false down payment as if Defendant A leased 15,00,00 won of the rent deposit to G; (b) Defendant A submitted a false lease agreement and receipt to G; and (c) around December 13, 2012, G issued a false lease agreement and receipt to G; and (d) at two parallel branches of the Victim Bank of Korea in Yang-gu, Yangyang-gu, Yangpo-si, Yangpo-si, Yangpo-si, both of the above apartment loans amounting to KRW 150,000,000,000,000 to employees in charge of the loan; and (d) submitted a false loan agreement from Defendant A who received the loan from the Defendant under the name of 15,000,000,000 won under the name of Defendant 13.

As a result, the Defendants conspired to induce the victim and received KRW 79,533,000 for the purpose of loans on a deposit basis.

Summary of Evidence

1. Defendants’ legal statement

1. Statement protocol concerning G by the prosecution (No. 39 No. 5)

1. The investigation report (the confirmation of the last place of payment out of the previous generation);

1. Response to a request for financial transaction information;

1. Application of Acts and subordinate statutes on a certified copy of registry, a real estate lease contract, a receipt, an application for loan of funds for lease on a deposit basis, and a real estate lease contract;

1. The Defendants’ choice of criminal facts and applicable legal provisions: Articles 347(1) and 30 of the Criminal Act; and imprisonment.

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