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(영문) 대전지방법원 2016.04.20 2016고단408
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. The Defendant, who participated in the role of a false lessor, committed a fraud joint crime by taking advantage of the fact that C’s procedures for examining the loan of employee full-time loan and for collecting the loan are not strict compared to other loans, he received a proposal by using a false lease contract and agreed to do so, and the Defendant acted as a false lessor, and D conspired with C, etc. to acquire the loan of employee full-time loan by deceiving a financial institution by taking charge of a false lessee’s role.

On April 6, 2013, the Defendant, along with D, drafted a false multi-use lease agreement with D, stating that “The lease contract is for 2 years of lease term and 120 million won of deposit deposit,” even though D did not intend to rent and reside in the F Authorized Broker Office in Seongbuk-gu, Daejeon, Daejeon, Daejeon, Daejeon, with no intention of D to rent and reside in the apartment.”

D around April 8, 2013, at the point of Incheon Metropolitan City, the No. 4-7, the Do-dong, Do-dong, Do-dong, Chungcheongnam-gu, Daejeon. The victim No. Do-dong, submitted the loan-related documents, such as the pre-paid loan contract, to the employee in charge of lending the Do-dong, as if they were genuine, and applied for the loan of the pre-paid fund to the employee. On April 19, 2013, the injured party received KRW 70 million from the deposit of the pre-paid loan to the Defendant’s account at around November 11, 2013 and received KRW 140 million in total from the time of the pre-paid loan of the pre-paid fund of the employee in the name of the Defendant.

Accordingly, the defendant conspireds with C, etc. in order, and received a total of KRW 140 million by deceiving victims.

2. The criminal defendant involved in the preparation of a false charter agreement, upon receiving a proposal from C to prepare as a certified intermediary a false charter agreement, which is necessary for C to obtain a loan for the lease on a house by deceiving a financial institution as above, and consenting thereto, H, false lessee I, C, etc. on the part of the false lessor.

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