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(영문) 의정부지방법원 2020.01.15 2019고단595
사기
Text

Defendant

A Imprisonment with prison labor for six months and for one year, respectively.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

On August 18, 2016, Defendant B was sentenced to two years of imprisonment for fraud, etc. at the Seoul Northern District Court on Seoul Northern District on December 2, 2016, and the said judgment became final and conclusive on December 2, 2016.

Punishment of the crime

Defendant

B around October 2012, around 2012, Defendant A intended to purchase the Seoul Gwangjin-gu Seoul Special Metropolitan City CBD (hereinafter “CBD”) (hereinafter “CBD”). Therefore, as if the above apartment house was leased, Defendant A is willing to obtain a loan for the lease of the lease fund by deceiving the bank. As such, as the above apartment house was leased, Defendant A offered that “I borrowed the name as if the apartment was the lessee of the apartment.” Defendant A accepted the proposal, and conspireded to acquire the loan for the lease fund by deceiving the victim E Co., Ltd.

According to the above public offering, Defendant B entered into an apartment lease agreement with F, the owner of CBD, and entered into an apartment lease agreement with F, the owner of CBD on October 4, 2012, stating “Lessee A” 300 million won. Defendant A, around October 18, 2012, at the point of E Bank D in Gwangjin-gu Seoul Special Metropolitan City, submitted the above apartment lease agreement and applied for the lease guarantee agreement on November 8, 2012 to H, the employees of the victim company.

However, the facts were that Defendant A did not have leased the CRD, and only prepared a charter contract to obtain a loan.

As seen above, the Defendants deceiving a person in charge of loans from the victim company and then, in its position, transferred 190 million won from the victim company to the bank account in the name of F as a loan for lease on November 8, 2012.

Summary of Evidence

1. Defendant B’s legal statement

1. Part of Defendant A’s legal statement

1. The witness B’s legal statement (as to the defendant A)

1. Each prosecutor's protocol of examination of the defendant A and B;

1. The police statement of K;

1. Each complaint;

1. An apartment charter contract, receipt, loan transaction agreement, loan consultation, application form, resident registration record card, and resident registration record card;

1. Previous convictions as indicated in the judgment: A criminal investigation report (the confirmation of a previous conviction).

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