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(영문) 대전지방법원 2016.11.29 2016고단310
사기
Text

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

Reasons

Punishment of the crime

The Defendant, upon receiving a proposal from C, etc. to the effect that the procedures for examining and collecting employee loan loans are not strict compared to other loans, and agreed to do so and agreed to play a false lessor's role. As such, the Defendant conspired with F, C, D, E, etc. to acquire loans by deceiving financial institutions by submitting a false lease contract, etc. with F, C, D, E, etc. with the introduction of D, E, which takes the role of a false lessee.

On January 26, 2013, the Defendant, along with F, prepared a false apartment lease contract with F, stating that “F shall lease a rental term of two years, deposit of eight five million won, a rental term of eight-five million won, an I Apartment-gu, the Defendant owned by the Defendant, at the H office located in Seongbuk-gu Daejeon, Daejeon, Daejeon, with the Defendant’s intention to rent the apartment of the Defendant,” and issued documents related to “F,” such as a false certificate of employment with J (Representative K) having no record of working at D, etc. around that time.

F Around February 8, 2013, at the time of the Seo-dong branch of the Daejeon Central Bank of Korea, the F applied for a loan to the employees in charge of loans from the victim bank by submitting the above documents related to loans, such as a pre-contract, etc. prepared falsely, to the employees in charge of loans from the victim. On February 14, 2013, the F was deposited KRW 59,500,000 from the victim into the Defendant’s account.

Accordingly, the Defendant received property by deceiving the victim in collusion with F, C, D, E in sequence.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect against D or F;

1. Statement of the police statement concerning F;

1. Application of F loaned documents and investigation reports (a certified copy of real estate register) Acts and subordinate statutes;

1. The crime of this case, which is based on the pertinent Article of the Criminal Act and Articles 347(1) and 30 of the Criminal Act regarding criminal facts, and the reason for sentencing of imprisonment with prison labor, is the abuse of the system of lending money to ordinary people, and thus, the defendant's liability is heavy.

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