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(영문) 서울서부지방법원 2016.07.01 2016고단1314
사기
Text

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

Reasons

Punishment of the crime

The defendant, with the financial resources of the National Housing Fund, was consisting solely of the ordinary people operating in the Korea Housing Finance Corporation, and the loan of the entire house for workers, without due diligence, the defendant served as issuing a false certificate of employment to G, G plays as a false tenant, and H conspired to receive the loan of the entire house from the new bank of the victim corporation, which served as a false lessor.

On October 2010, the Defendant: (a) issued a false certificate of employment under the name of G with the content that G works for (State) I operated by the Defendant; (b) drafted a false lease agreement with G to the effect that G rents the above apartment from H as a whole with respect to (310 Dong-dong 1504, Daejeon-gu, Daejeon-gu, J. H. purchased under the name of H; and (c) submitted a false lease agreement with G to the person in charge of loans for the loan of KRW 60 million from the new bank Annbropool branch office in the bank J. J. 1504; and (d) G filed an application for the above loan of KRW 60 million with the Defendant’s false certificate of employment and the lease agreement (former lease agreement).

On October 29, 2010, the Defendant received 60 million won from the new bank, which was the victim company, to the H’s account under the name of loans for full-time employee loan.

Accordingly, the Defendant was given property by deceiving the victim in collusion with G and H.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect of H with respect to the police;

1. Each police statement made to G or K;

1. A report on investigation (a statement as a real estate broker) and a report on investigation (a report accompanied by a certified copy of the registry of real estate in Daejeon-gu apartment located in the loan for illegal pre-tax lending);

1. Application of a certified copy of the registry, a real estate lease agreement, or a loan transaction agreement;

1. Relevant legal provisions of the Criminal Act and Articles 347(1) and 30 of the Criminal Act regarding criminal facts, and the sentencing of sentence of imprisonment [the scope of recommendation] is based on the basic area (six months to one year and six months).

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