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(영문) 대전지방법원 2017.07.07 2016고단3729
사기
Text

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

Reasons

Punishment of the crime

Defendant

On December 18, 2015, A was sentenced to two years of imprisonment with prison labor for fraud at the Daejeon District Court, and that judgment became final and conclusive on December 29, 2015.

1. Defendant A, etc.: (a) received a proposal from Defendant C, etc. to take part in the crime of acquiring the loan by submitting false documents, etc. on the basis of the document screening that the loan was carried out blickly; (b) accordingly, Defendant A conspired with C, etc. to take part in the crime; (c) to take part in the overall process of lending, such as false employment certificate, false lessee interference with the loan, distribution of loan, etc.; (d) to take part in the lessee and place of business together with C; (c) to take part in the lessee and place of business or provide funds necessary for loan work; (d) to prepare and deliver documents necessary for application for a loan and transfer to the Defendant; and (e) to assist the Defendant by interfering with the lessor’s fraudulent act or by accompanying the bank with

C, around July 2014, according to the aforementioned public offering, C et al. prepared a false apartment lease agreement stating that “A lessee 1,20,000,000 won of deposit deposit and two years of lease to H during the large exhibition period owned by the false lessor 1,00,000 G apartment unit 90,000,000 won,” and prepared a false employment certificate stating that the false lessee H had worked in I, and then delivered it to the Defendant.

Around that time, the Defendant delivered false documents to H, and caused H to apply for the loan of pre-paid funds by submitting the aforementioned false pre-paid contract documents and certificate of employment to the employees in charge of the loan of the above bank at the branch of Han Bank, Chungcheongnam-nam Hospital located in the 282-Gu culture during the war.

On August 11, 2014, the Defendant paid KRW 80 million to an account in the name of F, from the victim Han Bank.

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