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(영문) 수원지방법원 2015.06.03 2015고단937
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, G, and nameless broscers agreed to lease apartment houses owned by the G in Osan-si H and 315 401, and to have the loan divided after receiving a housing loan from the bank, as if they were granted a loan to prepare a rental deposit, as they were granted a loan from the G in Osan-si.

On June 27, 2013, the Defendant, in collusion with G and name brokers, was the victim (ju), but at the Osan-dong branch of the bank, without the intention to rent the above apartment complex of G, was thought to have been divided into the above loan, but without the intention to rent it, submitted documents such as a false lease contract, a down payment receipt, and a false certificate of employment created by the person in a name defect, and filed an application for a household housing loan loan with the victim, and then, the Defendant acquired the loan from the victim to the national bank account in the name of G on July 5, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Legal statement of witness G;

1. Statement of the police officer to I;

1. Application of details of transactions, current status table of bank transactions, application for loans, certificate of request for transfer to others, certificate of employment, real estate lease contract, receipt, resident registration, and certified copy of Acts and subordinate statutes;

1. Articles 347(1) and 30 of the Criminal Code of the relevant criminal facts, the reason for sentencing choice of imprisonment [the scope of recommending punishment] The basic area (1 to 50 million won) of types 2 (10 million won or more, and 1 to 4 years) of general fraud [the decision of sentencing] Defendant applied for a loan by submitting false documents directly to the victim by the victim. The degree of participation cannot be deemed to be less than that of the victim, the damage amount is not significant, the amount distributed by the Defendant among them (20 million won) is also significant, the damage amount is not significant, and the damage is not recovered, and the Defendant was faced while making efforts to support his family.

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