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(영문) 서울서부지방법원 2014.07.03 2014고단1009
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

After the Defendant became aware of the so-called “work loan” business entity that received a loan from a financial institution by making a false document through site search, and conspired with C, D, E, etc., the above business entity. The fact was that the Defendant, although there was no fact that the Defendant entered into a lease contract on the apartment owned by F, concluded the lease contract on the apartment, and made a false document on the lease contract on the apartment, and received a loan from a financial institution as security, as the Defendant had paid the lease deposit.

On May 30, 2012, the Defendant, in collusion with C, D, E, etc., submitted a false apartment lease contract prepared as if the Defendant had a deposit amount of KRW 190,000,000 for 90,000 for G apartment 9,000 in Songpa-gu Seoul Metropolitan Government, to the employee in charge of the loan of the said bank at the village of Han Bank located in Songpa-gu Seoul Metropolitan Government, Songpa-gu, Seoul. The Defendant submitted a false apartment lease contract to the building owner as if he had a deposit amount of KRW 19,00,000 for 9,000 for 90,000,000

However, the Defendant did not actually conclude the above lease contract, and the deposit was not paid, and even if the loan was executed, the Defendant did not have the intent or ability to pay the principal and interest normally.

The Defendant, in collusion with C, D, E, etc., by deceiving the said employee and obtaining approval for the loan from the said employee, and transferred KRW 70 million, which is the ownership of the only bank, to the Defendant on May 31, 2012, through one bank account opened in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (to attach documents related to loans A to suspects, and to hear the lessor's actual telephone statement);

1. Application of Acts and subordinate statutes to photograph accomplicess;

1. Article 347 (1) or 30 of the Criminal Act applicable to the crimes. Article 347 (Selection of Imprisonment)

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