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(영문) 서울남부지방법원 2016.09.01 2016고단2403
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Ministry of Land, Infrastructure and Transport has operated a system for financing of the pre-paid housing deposit with the National Housing Fund to stabilize the housing of homeless workers at low interest rate than the market interest rate without securing the pre-paid housing deposit funds.

대출브로커들은 근로자 주택전세자금 대출 관련 업무를 위탁 받은 금융기관이 형식적인 심사만 하고 대출을 해 준다는 사실을 알고 허위로 임차인과 임대인 역할을 하는 사람들과 함께 근로자 주택전세자금 대출금을 가로챌 것을 모의하였다.

Accordingly, loan broscers made false employment-related documents and false contents related to the lessee, who is the nominal holder of the loan, and made a false lessee enter into a lease contract with the financial institution, and the false lessee applies for the loan of the house lease to the employee while submitting the false employment-related documents and the lease contract with the financial institution as above, and the false lessor who is to engage in the lease has confirmed the actual existence of the lease contract as if the financial institution entered into a request for confirmation as to the actual existence of the lease contract, and accordingly, planned to commit the crime by applying for the loan of the house lease to the employee and receiving the loan after dividing the loan.

Specifically, the Defendant, as a false lessee, obtained a loan of the employee deposit money in the above manner with Co-Defendant B (a lawsuit is separated and pending trial proceedings) and the employee deposit money in the above manner, and conspired to divide it. Accordingly, around August 201, 201, the Defendant made a false employment certificate, income tax withholding certificate, and other documents related to the Defendant, as if the Defendant works in T&C, and owned Co-Defendant B.

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