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(영문) 서울서부지방법원 2016.10.14 2016고단2634
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant played the role of issuing a false certificate of employment to the Defendant by using the fact that the ordinary people operating in the Korea Housing Finance Corporation with the financial resources of the single name “C”, D, nameless and National Housing Fund, and the ordinary people operating in the Korea Housing Finance Corporation, and the loans of the housing leasing fund to workers are conducted only without due diligence, and the Defendant is a false lessee, and D is willing to obtain a false certificate of employment from the victim bank by taking the role of a false lessor.

On February 24, 2012, the Defendant: (a) obtained a false certificate of employment under the name of E in which the Defendant works for E; and (b) prepared a false lease contract stating that the Defendant leases the above apartment from D as a whole with respect to F apartment 101 Dong 1104, Dobong-gu Seoul Metropolitan Government F apartment 101; (c) on February 24, 2012, the Defendant filed an application for a loan of 60 million won for a loan to a person in charge of loans for workers’ full-time loan for a bank branch in both sides of Dobong-gu Seoul Metropolitan Government, Seoul, the Defendant submitted the above false certificate of employment and the lease contract (full-time lease).

On March 2, 2012, the Defendant received 60 million won from a person in charge of lending two or more parts of a bank to a bank account in the name of D as a loan for full-time employee loan.

Accordingly, the Defendant was provided property by deceiving the victim in collusion with “C”, D, or person in unsound name.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on confirmation of registration of E legal entity);

1. Application for a loan from the National Housing Fund, a loan transaction agreement, a letter of fidelity guarantee, a summary of the whole apartment world, receipts, debt-related confirmation certificate, an abstract of resident registration card, a certificate of employment, and the application of statutes governing the loss of health insurance eligibility;

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is as follows.

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