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(영문) 서울남부지방법원 2017.11.15 2017고단2709
사기
Text

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

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

Reasons

Punishment of the crime

As a false tenant, the Defendant, as a false tenant, received a worker deposit loan with his name broker, and conspired in order to have it divided.

Accordingly, around July 17, 2012, at the E-real estate brokerage office located in Guro-gu Seoul Metropolitan Government, the Defendant prepares a false lease contract as if he leased 101 Da Dong-dong 101, Guro-gu, Seoul, Seoul, to C, with deposit 75 million won, and around that time, C prepared a false certificate of employment as if C had worked in SPD Co., Ltd., and transferred it to C along with the above false lease contract document.

C On July 18, 2012, when applying for the loan of the entire house loan to an employee in charge of the loan from the employee in charge of the transfer of house at the new bank name located in Gwangjin-dong, the applicant filed a false employment certificate and the lease contract as if the above documents were actually prepared, and filed an application for the transfer of house loan funds with the employee as if the loan was actually used as the lease deposit money.

However, the above lease contract was made by falsity, and there was no intention to use it as the deposit money for the lease on a deposit basis.

As a result, the Defendant, in collusion with C and a person in unsound name, by deceiving the victim, and by deceiving the victim on July 24, 2012, received 45 million won from the victim under the name of F as a loan for the entire house tax for workers on July 24, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. A real estate lease agreement;

1. An application for loan;

1. An application for credit guarantee;

1. Details of transactions of deposits and withdrawals (F);

1. Application of two separate Acts and subordinate statutes of the judgment;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;

1. Imprisonment with prison labor chosen;

1. The reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence are the benefit by taking advantage of the weak points of the system of lending the entire house rent to workers.

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