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(영문) 대전지방법원 2016.09.28 2016고단2329
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant has received a proposal from D, etc. to the effect that the examination of the employee deposit loan and the procedures for collecting the loan are not strict compared to other loans by submitting a false lease contract, etc. to obtain and divide the loan from the former loan, and has conspired with D, etc. to acquire the loan by deceiving the financial institution by taking charge of the role of the false lessee.

In light of the above public offering, the Defendant prepared a false lease contract with the effect that “The F Authorized Brokerage Office” located in the Seongbuk-gu, Daejeon Metropolitan City, U.S., 102 Dong 1109 was leased at KRW 100,000,000 from the lessor H for a lease period of 2 years from the lease period of 100,000,000, and received a false certificate of employment from D around that time.

On April 3, 2013, the Defendant submitted loan-related documents, such as a charter party contract, false certificate of employment, etc., to the employee of the National Bank of Korea who is in charge of lending the employee’s pre-paid loan, at a point where the National Bank No. 174, Sung-gu, Sung-gu, U.S. (U.S.) was located.

On April 10, 2013, the Defendant received KRW 70 million from the victim to the national bank account under the name of the lessor on April 10, 2013.

Accordingly, the defendant was delivered KRW 70 million by deceiving the victim in collusion with D or H in sequence.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspects of H or D by the prosecution;

1. Investigation report (attached documents related to the withdrawal of the former household from the A preceding household to the former household);

1. Application of the Agricultural Cooperative Trading Statutes

1. The relevant Article of the Criminal Act and Articles 347(1) and 30 of the Criminal Act concerning the crime of this case’s reason for sentencing (elective selection of imprisonment) include: (a) the fact that the nature of the crime is inferior in light of the applicable criminal method; (b) the fact that the amount obtained by deception is a large amount of KRW 70 million; and (c) there is no effort to recover damage.

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