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(영문) 서울중앙지방법원 2018.10.10 2018고단2851
사기
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant and B have been a school system for about 10 years.

On the other hand, the Defendant conspired with B to receive “the fund of the National Housing Fund prior to the receipt of a specified amount of the deposit when the ordinary people receive a deposit from five commercial banks, including Korea bank, by falsely assuming that the Defendant borrowed money owned by B, as if the Defendant entered into B’s loan, and by entrusting the business to five commercial banks, including Korea bank, at the Ministry of Land, Transport and Maritime Affairs.”

Around October 22, 2013, the Defendant and B conspiredd with the employees of the Korean bank 78 U.S. branch office in the Dong branch office of the Dongjak-gu Seoul Metropolitan Government, applied for the National Housing Fund loan in the name of the Defendant, and submitted a lease agreement with the terms that the lessor “B,” the lessee “Defendant,” and the lease deposit is “68 million won” on the real estate moving to No. 1 of the first floor of Dobong-gu Seoul Metropolitan Government.

However, the defendant and B did not have entered into a lease contract with a deposit of 68 million won as stated in the above lease contract.

The Defendant and B had by deceiving the victim as such, and had been transferred to the new bank account (D) in the name of B around October 30, 2013 from the victim, KRW 20 million from the pre-paid household of the National Housing Fund.

As a result, the defendant was provided property by deceiving the victim in collusion with B.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the details of transactions in the account A, the confirmation of the fact of a lease agreement, a copy of a charter agreement, a suspect A's loan transaction data, and a copy of a deposit certificate of funds transferred to another person;

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment;

1. The reason for sentencing under Article 59(1) of the Criminal Act (limited to a suspended sentence: 6 months of imprisonment) is as follows.

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