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(영문) 서울동부지방법원 2017.10.20 2017고단2398
사기
Text

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

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

Reasons

Punishment of the crime

The Defendant purchased F apartment units 901, 1407, 1407, and the Defendant prepared a false lease contract as if the Defendant leased the above apartment units, and conspired to receive and divide the lease deposit from financial institutions as collateral for the right to claim the return of false lease deposit, and then prepared and delivered a false document. The Defendant, as a false lessee and a false lessor, shared the role of applying for the lease loan as a fraudulent lessor.

On February 7, 2013, the Defendant: (a) prepared a false lease agreement stating that “A, lessee A, and deposit 1.5 million won, and the lease period is from February 24, 2013 to February 23, 2015; and (b) prepared a false lease agreement stating that “A, lessee A, and deposit 1.5 million won, and the lease period is from February 24, 2013 to February 7, 2015,” at the point of Busan, Seo-gu, Seoyang-gu, Seoyang-gu Office 101 for a commercial building; (c) issued a false lease agreement to the said bank; and (d) received a loan from the said bank in the name of the said bank under the name of the third party, as if the false lease agreement was returned to the said bank; and (d) received a loan from the said bank under the name of the said bank in the name of the Defendant 60 million won, and (e) received the loan from the said bank under the name of the said bank.

Accordingly, the defendant, in collusion with D, E, and C, deceiving the victim, thereby deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect by the prosecution against C, D, and E;

1. Copies of each police statement made to J or K;

1. Details of loan-related documents and account transactions;

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