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(영문) 인천지방법원 2014.12.12 2014노3028
사기
Text

The judgment of the court below is reversed.

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

Reasons

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, even though the defendant was found to have committed the instant fraud by preparing and actively participating in the business contract, which is an essential element in the lending act in collusion with C, D, etc., the court below erred by misapprehending the facts or by misapprehending the legal principles that the court below acquitted the defendant who was prosecuted as a co-principal of the instant fraud.

2. Determination:

A. On October 23, 2013, the summary of the facts charged was sentenced to a suspended sentence of two years on October 4, 2014 by imprisonment with prison labor for habitual gambling at the Incheon District Court, and the said judgment became final and conclusive on February 4, 2014.

1) The Defendant and the under-paid person (one name C, hereinafter “C”)

Around November 2009, the Defendant: (a) purchased a small-scale multi-household house, such as D, D, and D, in the name of the so-called “sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub

According to the above public offering, the defendant mainly secured the goods and prepared the business contract, and C shall secure the sub-party purchaser and prepare an application for a loan by preparing documents necessary for the loan, such as preparing a false employment certificate and a receipt for tax withholding for wage and salary income.

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