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(영문) 수원지방법원안산지원 2020.09.09 2020고단934
사기
Text

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

However, 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, as a false lessee, prepared a false lease agreement with the brode called “C”, accompanied by a false lessor B and a single name “C”, and was willing to receive a loan from a bank that believed to have a normal lease agreement by submitting the said agreement upon applying for a loan of the deposit money from the bank.

According to the above public offering, the Defendant: (a) in the E Licensed Real Estate Agent Office located in Eunpyeong-gu Seoul Metropolitan Government, on November 19, 2014, entered into a false lease contract as if there was no lease contract with the lessor B and the lessee for the second floor H of the building G G building in Eunpyeong-gu, Seoul Metropolitan Government; and (b) around that time, as if the Defendant worked as the manager in I, he/she received a false certificate of employment prepared by the above B; and (c) applied for a lease loan in the name of the Defendant at the D branch of the K Bank branch of K Bank in the Eunpyeong-gu Seoul Metropolitan Government, Seoul Metropolitan Government, on December 12, 2014, when applying for the lease loan in the name of the Defendant at the D branch of the K Bank, the Defendant submitted to the employee in charge of the loan, such as the lease contract, certificate of employment, etc., and submitted to it on December 12, 2014, and received the money transferred from the damaged company to the B bank account under the name of B (M).

Accordingly, the defendant was given property by deceiving the victim in collusion with B, etc.

Summary of Evidence

1. Application of Acts and subordinate statutes of a credit guarantee application, credit guarantee agreement, loan application form, loan transaction agreement, written claim for discharge of guaranteed liability, certificate of subrogation contract by a defendant;

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

1. Article 62 (1) of the Criminal Act;

1. The crime of actively committing deceptive acts, such as forging documents, in collusion with the reasons for sentencing Article 62-2 of the Social Service Order Criminal Act, is bad.

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