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(영문) 인천지방법원 부천지원 2015.05.15 2015고단669
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant prepared a pre-tax contract as if he rents 401 construction of the G building from the office of the Defendant with B, C, D, E, F, etc., and the office of the Defendant: (a) submitted the said pre-tax contract to the bank; and (b) shared the loan by division after receiving a low interest rate loan.

On August 30, 2012, the Defendant drafted a false lease contract with the I Licensed Real Estate Agent Office located in Seocheon-gu, Seocheon-gu, Busan, as if he leased the above G Building 401 to C.

However, the Defendant did not intend to rent the above G Building 401, and C did not have the intent or ability to repay the loan even if it received a loan for the entire loan.

C around September 7, 2012, upon submitting a false employment certificate, etc. created with D, E, F, etc. from a staff member in charge of loans extended to the commercial loan branch of the victim company bank, and around that time, the Defendant: (a) stated that “G building 401 shall be leased to C” from the said staff member of the bank from the victim bank at the time; and (b) stated that “A building 401 shall be leased to C” shall be deposited into the account of C with the victim around September 7, 2012; and (c) received KRW 3 million from the victim’s bank account.

The Defendant received property from the victim in collusion with B, C, D, E, F, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the loan charter contract, receipt, certificate of employment, certificate of withholding income tax, payment statement, certified copy of the resident registration, full certificate of registered matters, and copy of the bankbook;

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] General Fraud (less than KRW 100,000) and no basic area (6-1,00) [the elements for special aggravation] [the sentence] [the elements for special aggravation] [the sentence] crime of this case has abused the system for the loan of house charter loan executed for the stabilization of the residence of homeless workers, and the defendant shared it.

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