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(영문) 수원지방법원 안산지원 2015.09.16 2015고단1660
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.

except that for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 2010, the Defendants, together with C, proposed C to obtain a loan from the financial institution for Defendant B as a deposit money in order to obtain a loan from the financial institution for Defendant B, as if Defendant B was the person having chonsegwon, and as Defendant B was unable to repay the loan instead of the person having chonsegwon, C consented to it. Defendant B prepared a lease contract with C, as Defendant B was the former tenant, and agreed to obtain a loan of KRW 25 million from the financial institution as Defendant B was the former tenant, and then, Defendant B conspired to obtain a loan of KRW 25 million from the financial institution without knowledge of such circumstance.

Defendant

B, as Defendant B entered into a charter contract with Defendant B on the said date and at the said place, he/she prepared a charter contract containing false contents as if he/she entered into a charter contract with Defendant B on the said real estate, and then, on December 27, 2010, at the business establishment of the Ansan-si Savings Bank (former Pest Savings Bank) located in 533-2, the Defendant B made a false statement as if he/she entered into a charter contract with Defendant B with Defendant B, and received KRW 25 million from the victim’s account in the name of Defendant B as a loan for the entire loan.

As a result, the Defendants conspired with C to deceiving the victim and received KRW 25 million.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A real estate lease contract and a letter of agreement;

1. Transaction records in loan and credit transaction agreements;

1. Full certificate of the matters to be registered (F) (No. 106 of the first floor owned by the complainant);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 347 (1) and 30 of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act, which is suspended from execution (the defendants);

1.The range of recommendations shall be general frauds, the type of which is one hundred million won.

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