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(영문) 대전지방법원 2016.06.29 2016고단419
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant and C received and divided all-time loan by taking advantage of the fact that the procedures for examining the loan of all-time loan and collecting the loan are not strict compared to other loans from D, E, F, G, H, etc. The Defendant agreed to do so, and C conspired in sequence with D, E, F, G, H, etc. to acquire the loan by deceiving financial institutions by taking the role of false lessors, and C, by taking the role of false lessees.

On January 10, 2014, the Defendant and C drafted a false real estate lease agreement with the following terms: (a) the J-authorized Brokerage Office located in the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu,

C Around that time, upon receipt of the certificate of employment of “K” with no record of actual service from D, E, F, G, H, etc. Around February 17, 2014, at the point of discharge from the newly established bank in Daejeon, Daejeon, Dong-dong, Daejeon, submitted false documents, such as the lease agreement and certificate of employment, to the employee in charge of the bank loan of the victim, and applied for the employee’s pre-paid loan.

around February 17, 2014, the Defendant and C received KRW 80 million from the injured party to pay the full-time loan of workers into the account in the name of the Defendant.

As a result, the Defendant and C conspired with D, E, F, G, H, etc. in order to have received KRW 80 million by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police against D or E;

1. Copy of loan documents;

1. Application of Acts and subordinate statutes to investigation reports (official E and appendix of D rulings);

1. The reason for sentencing of Article 347(1) and Article 30(1) of the Criminal Act for the crime at issue and the choice of punishment for the crime at issue is that the nature of the crime at issue is inferior in light of the applicable law of the crime at issue, and that the amount obtained by fraud is stated.

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