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(영문) 수원지방법원 2017.03.16 2017고단395
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. In order to stabilize the residence of homeless workers, the Ministry of Land, Infrastructure and Transport has operated the “the system of lending the entire house rent to workers at a rate lower than the market interest rate without securing the entire house rent fund from the National Housing Fund.”

The crime of fraud of lending money to false workers is the structure of dividing loans by applying for a loan money under the name of a false lessee and receiving it in the name of a false lessee, by taking account of the circumstances where the financial institution entrusted with the business of lending money to workers on a deposit basis (i.e., lending of money on a deposit basis) may easily obtain a loan by submitting documents related to the employee on a deposit basis and a written contract for leasing a house on a deposit basis, and (ii) inviting the loan owner to apply for a loan of money on a deposit basis by falsely performing the lessee. As such, as if the loan owner actually works for the actual employee, the lending owner prepares false documents such as a certificate of employment under the name of the disguised company, a detailed statement of payment, and a written confirmation of collection of income tax, and (iii) preparing a written contract for leasing a house on a deposit basis as if the false lessee and the lessor actually enter into a contract for leasing a house on a deposit basis.

2. The Defendant plans to receive the above “loan for the Lease of Housing for False Workers” with C, D, E, F, G, etc., and D and E manage funds, and F falsely prepares the role of controlling the loan business, such as employment certificate, payment specification, etc. necessary for the loan, the role of the Defendant and the lessee, G in the role of the lessor, and C in the recruitment of the lessor and the lessor, while explaining the lessee’s role and the role of the lessor.

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