2015 Highest 1581 Fraudulent

1. A;

2. B

Kim Jong-ho (Court of Prosecution) and Park Jong-hun (Court of Public Trial)

Attorney C (Pream for all the defendants)

September 9, 2015

Defendants shall be punished by imprisonment for eight months.

Criminal facts

The Ministry of Land, Infrastructure and Transport is operating the system of lending the entire house loan to workers at a rate lower than the market interest rate if the Minister of Land, Infrastructure and Transport applies for a loan with only certain documents such as a certificate of employment, detailed statement of salary, etc. without any special security to stabilize the housing of homeless workers with financial resources from the National Housing Fund.

그러나 근로자 주택전세자금 대출 관련 업무를 위탁 받은 금융기관이 형식적인 심사만 하고 대출을 해 준다는 사실을 알고, 대출브로커들은 허위로 임차인과 임대인 역할을 하는 사람들과 함께 근로자 주택전세자금 대출금을 가로챌 것을 모의하였다.

Accordingly, loan broscers made a false contract with respect to a tenant, who is a name holder of a loan, and made a false contract with the content of the false employment-related documents and the false contract with the lessee, and the false lessee submitted documents related to the false employment and the house lease contract with the financial institution as above, and applied for the loan of the house lease to the employee while submitting the house lease contract with the financial institution, and the false lessee who is a lessor has confirmed that the contract was actually entered into if the request for confirmation is made by the financial institution, he/she applied for the loan of the house lease and received the loan of the employee house lease to take over the loan after divided the loan.

? Specific criminal facts ?

1. Defendant A and Defendant B’s joint crime committed by the Defendant A and Defendant B were falsely lessee, and Defendant B were falsely lessors with his name-free loan so as to receive the employee deposit funds by the aforementioned method, and conspired to divide them into two.

According to the above public offering on March 2014, at an office where it is difficult to know the 5th floor of the building near the Busan-gu Busan-gu, Busan-do, Defendant A provided the above loan hub with his personal information, and Defendant A provided a false service certificate, income tax source collection receipt, payment statement, etc. as if Defendant A was present at “E”, Defendant B provided a false service contract with Defendant A, and Defendant B provided a false service contract with the above loan hub, and Defendant B provided a false service contract with Defendant B with the above her husband F with the above her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her 's her her her her her her her her 's her her her her her her her her her her her 's her her her her her her.

However, the above certificate of employment and the contract of lease on a deposit basis were prepared falsely, and the defendants did not intend to use the loan as the deposit on a deposit basis.

Ultimately, the Defendants conspired with the above loan brobeers, etc., by deceiving the victim, and then, they were transferred from the victim to the account opened in the name of F around March 25, 2014 as a loan for full-time employee loan.

2. Defendant B’s sole crime

The Defendant, as a false lessor, obtained a loan of the Workers' Lease Fund by the above means, with the false lessee H and the nameless loan hub, and conspired to divide it into two.

Pursuant to the above public offering, the above H knew 1 et al. of the above lending hub 1 et al. at the location in June 2014, and the above lending hub h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h

After all, on June 2014, the above H submitted a false certificate of employment and a lease contract, etc. to the employee in charge of the loan at the victim's national bank in Busan Shipping Daegu, and applied for the loan of KRW 80 million to the employee in charge of the loan of KRW 80 million as if he actually used the loan as a lease deposit.

However, the above certificate of employment and the contract of lease on a deposit basis were prepared falsely, and the above H and the defendant did not intend to use the loan as a deposit on a deposit basis.

Ultimately, the Defendant conspireds with the above H and loan hubs, etc., by deceiving the victim, and was transferred from the victim to the account opened in the name of the said F around June 26, 2014 as a loan for full-time employee loan, around 2014.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each interrogation protocol of the prosecution against K, H and I;

1. A copy of the investigation report (a copy of the additional suspicion related to the F);

1. Application for a loan, application for credit guarantee, apartment lease contract, confirmation of lease contract, confirmation of lease contract, certified copy of register, resident registration certificate, certificate of employment, confirmation of insurance coverage details, notification of result of confirmation of the fact of employment, investigation report, application of Acts and subordinate statutes to the benefit ledger;

1. Article applicable to criminal facts;

Defendants: Articles 347(1) and 30 of the Criminal Act (Optional to Imprisonment)

1. Aggravation for concurrent crimes;

Defendant B: Reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Defendant A

[Extent of Recommendation] Class 1 (less than KRW 100 million) and the mitigation area (one year to two years)

[Special Mitigation] Simple Doctrine

【Determination of Sentence】

The crime of this case is the fact that the majority conspireds to abuse the loan system implemented by the Government in order to support the full-time loan of the ordinary people in the National Housing Fund, creating a false employment certificate, lease contract, etc., and obtains the loan from the victim financial institution and obtains the loan from the victim, and the crime of this case is very poor. When the Korea Housing Finance Corporation guarantees the above loan obligations, the loss of the loan due to the failure to repay the above loan has no choice but to be appropriated for the national tax, and thereby, the social harm caused by the failure to repay the above loan has a large amount of social harm, and the fraudulent amount has not been restored to the name of 70 million won.

However, the defendant reflects the wrongness of the defendant, and the defendant takes charge of the role of a false tenant and a debtor to take charge of the role of a false tenant and the profit actually distributed is less than 28 million won, and the defendant takes into account the favorable circumstances that there is no other criminal records except for those punished three times by a fine. In addition, the defendant imposes a punishment lower than the lower limit of the recommended punishment by comprehensively taking into account all the factors such as the circumstances leading to the crime of this case, the defendant's age, and the environment.

2. Defendant B

[Extent of Recommendation] Type 2 (at least KRW 100,000, less than KRW 500,000) reduction area (one year or three years)

* Form 1 rise as a result of combination of the same kind of competition

[Special Mitigation] Simple Doctrine

【Determination of Sentence】

The crime of this case is highly likely to cause damage to the people due to the failure to repay the above loans to the Korean Housing Finance Corporation. The crime of this case is highly likely to cause damage to the people due to the fact that the government abused the loan system implemented in the National Housing Fund to support the leasing fund of the ordinary people in a systematic manner in collusion, by creating a false employment certificate, lease contract, etc., and by obtaining the loan from the victim financial institutions. The crime of this case is committed by obtaining the loan from the victim financial institutions. The damage caused by the failure to repay the above loans is inevitably attributable to the people's tax, and the loss caused by the failure to repay the above loans can only be appropriated by the people's tax, and the frequency of the crime is two times, and the amount of

However, the defendant reflects the wrong, and the defendant takes charge of the role of a false lessor, and the degree of participation is relatively minor (limited to the extent of the provisional wall is relatively minor compared to the principal offender, and the defendant, in the course of the crime of this case, forged the lease contract under the husband's name and made the victim's financial institution inspect at the financial institution of the victim, etc., play an essential role, such as allowing the loan broer to run to the husband or preparing a confirmation letter of the lease contract under the husband's name). The actual distributed profit is only three million won in total. On September 4, 2015, the amount of the profit actually distributed is only three million won in total. It takes into account the fact that the defendant paid 2 million won out of that on September 4, 2015, the defendant is the first offender who has no criminal power, taking into account the favorable consideration that the defendant is the first offender who has no criminal power, and

Judges Senior Presiding Judge