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(영문) 서울서부지방법원 2017.04.17 2017고합66
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[Public offering relationship] The Defendant applied for a loan of illegal loan to a credit cooperative or credit cooperative, etc. which is relatively difficult to examine loan documents compared to a real estate business entity and loan hubs, and divided the loan. Accordingly, D purchases a house leased in the form of a lease on a deposit basis, and prepares a false lease contract through Dong E, and F, G, and H contact with the J who is an employee of the victim I (hereinafter “I”), who is an employee in charge of loan of the victim I (hereinafter “I”), and recruit the lender in the name of the Defendant and K as the lessor or lessee of the purchased real estate. Each nominal lender purchased the house as above: (a) the lessor and lessee of the house entered into the existing lease contract and the lessee, despite the existence of the tenant; (b) based on this, D prepared a false lease contract by stating it as the lessor and lessee of the above house; and (c) prepared an application for the loan of funds in order to obtain approval from the president of the union in order as if the loan application was made by the victim I, the employee in charge of the loan of the victim I, and the J.

[Specific criminal facts] According to the above public offering on August 2014, the defendant proposed that "4 million won may be granted if he/she lends his/her name to a third party loan, and the above loan will be repaid within one year, and the interest during the loan will not be damaged by us," and M accepted the above public offering.

Accordingly, on August 26, 2014, M visited the victim I office located in N in Eunpyeong-gu Seoul Metropolitan Government and applied for a loan of 110,000 won. As such, as if a normal lease contract was concluded, M is a lessor’s “D”, lessee’s “M”, leased object “SeoulO No. 301”, and deposit money.

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