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(영문) 서울남부지방법원 2019.10.15 2019고단3772
사기
Text

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

Reasons

Punishment of the crime

The Defendant abused the fact that the loans for the pre-paid housing loan to workers are made wise only with the submission of a pre-paid contract and a certificate of employment at the place of business, etc. as a means of a loan broker’s proposal with which the name of the Defendant is unknown, with the intention of taking over the loans for the pre-paid housing loan by using a false pre-paid contract and

On July 1, 2014, the Defendant conspired with a loaner whose name is unknown, and submitted necessary documents, such as a contract for the lease of the entire loan fund, a certificate of employment, and a statement of salary, etc., to the effect that the Defendant is working for D Building E, a corporation, and a company G, when applying for a loan of KRW 97 million for the lease fund under the pretext that it is used to rent the lease deposit of KRW 160,000 from the lessorF in Gangnam-gu Seoul, Seoul.

However, the defendant did not have leased the D Building E at the time, and all the lease contract for D Building E submitted at the time, the certificate of employment of G issuance, and the payment statement were prepared by falsity.

Nevertheless, on July 4, 2014, the Defendant, by deceiving the person in charge of the affairs of the C Bank, whose name the victim is unknown, received 97 million won from the victim to the C Bank account in the name of F under the name of F as the fund for the lease of housing, and acquired the money by taking over the full amount of the money by the H Bank account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes, such as a lease contract on real estate (multi-household), loan transaction agreement, details of passbook transaction, certified copy of the resident registration, certificate of employment, etc.;

1. The instant crime was planned by abusing the system of the entire housing loan for residential stability of ordinary people. The pertinent provision of the relevant criminal facts, Articles 347(1) and 30 of the Criminal Act regarding the choice of punishment, and the reason for sentencing of imprisonment with labor.

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