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(영문) 서울중앙지방법원 2015.05.13 2014고단10226 (1)
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2014 Highest 1026"

1. In the case of “banking financial resources loan,” other than the public offering for loan fraud organizations and loan fraud-related public offering, B, etc., the bank itself grants a loan for the entire loan to the lessee. However, since the Korea Housing Finance Corporation guarantees the extent of 80% of the above loan, the Korea Housing Finance Corporation abused the loan examination and the procedure for collecting the loan is not strict compared to other loans, thereby inducing the lessee who applies for the entire loan (hereinafter “definite”), the lessor who enters into a false loan contract, and the said applicant to enter into a false loan contract, and then acquiring the loan by deceiving the bank under the method of manipulating the documents as if the false lessee entered into the contract and the lessor were actually working at the company.

B as the total liability of the former loan fraud group, Article 13(1) of the former loan fraud group provides that the legal entity that would create false lessors, lessees, and loan-related documents shall be excluded, and Article 3(2) of the former loan fraud group provides that if a loan is made by falsely supplying related documents as if the above lessee does not actually work for the company, even though the above lessee does not work for the company, the tenant is 40%, the lessor is 10%, and the legal entity is 5% or 10%, and the remainder is recruited by two others.

2. Defendant A and the upper-party E, even though the Defendant did not have actual intent to enter into a lease agreement, and the Defendant did not have worked in Co., Ltd., the Defendant and the upper-party Defendant, around November 15, 2012, entered into a false lease agreement with respect to KRW 200,000,000 as the Defendant entered into a lease agreement with respect to KRW 10,000,00 at the G Licensed Real Estate Agent Office located in Seongbuk-gu, Sung-gu, Sung-gu, Sung-gu, Sung-gu, Sung-gu, Seoul, as the Defendant was in possession of the upper-party 10,000,000. The Defendant around that time at the

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