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(영문) 대전지방법원 2016.08.08 2016고단406
사기등
Text

A person shall be punished by imprisonment with prison labor for not less than ten months for a crime of No. 1 and No. 3 in the judgment of the defendant, and for a crime of No. 2 in the judgment of the defendant.

Reasons

Punishment of the crime

On July 15, 2011, the Defendant was sentenced to a three-year suspended sentence of imprisonment for 8 months for fraud in the Gwangju District Court's Netcheon Branch on July 15, 201, and such judgment became final and conclusive on July 23, 2011.

1. Fraud of housing mortgage loans;

A. The Defendant, along with P, recruited the nominal owner of the loan (hereinafter “the nominal owner”) and arranged the loan to N, and the N made a false sales contract with the name of the loan holder as if the loan holder purchased real estate, and prepared false documents as if the loan holder had certain occupation and credit, and thereby, conspired with P and N to acquire the house security loan by deceiving financial institutions in a way that takes the role of applying for the house security loan by taking charge of the role of applying for the house security loan based on such false documents.

At around January 14, 2010, the Defendant, along with P, purchased AD and paid KRW 40 million for the purchase of the said loan and the down payment of KRW 72 million for the loan transaction with AD to the employees in charge of loaning KRW 402,00,000,00 from the owner AF, who arranged AD to N and arranged for the loan to the owner of the first city fisheries cooperative, at the office of the Si/Gu fisheries cooperative in Seocho-si, Dong-si, Seoul, 482-17, the Defendant: (a) submitted a real estate transaction agreement with the owner; (b) submitted a false employment certificate with the owner of the loan to AD; and (c) submitted a written agreement with the owner of the loan to collect the wage and salary income; and (d) paid KRW 40,000,000,000 for the above loan as security.

However, in fact, AD prepared a false transaction agreement by withdrawing the purchase price as if it purchased the above 65 million won, even though it purchased the above 65 million won, and there was no intention or ability to pay the loan within three months as it did not work or receive any benefits at a certain workplace.

On January 14, 2010, the Defendant deposited KRW 68 million in the name of AD with P and N, as well as with P and N, from the damaged party.

Accordingly, the Defendant, P. N.

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