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(영문) 인천지방법원 2016.08.12 2016고단3416
사기방조
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has operated a DNA certified mediator office in Nam-gu Incheon Metropolitan City.

1. The Defendant prepared a false lease contract under the name of a false lessor and a false lessee (hereinafter “E”), and, even though he knows that he/she wishes to obtain a loan from a financial institution by filing an application for a loan with a financial institution, he/she would obtain a proposal from “E to grant KRW 300,000 in return for preparing a lease contract, at the D Authorized Broker Office on January 24, 2014, as notified to “E”, and then prepared a real estate lease contract stating the terms of the contract in advance at the D Authorized Broker Office on January 24, 2014, at the time when he/she visited the above office by G and the lessee, who is the husband of the lessorF, and H visited the above office on the date of the contract, entered false details as if the down payment was paid to G without verifying the identity of the said person, and only received the signature affixed on the contract without verifying the identity of the person.

Nevertheless, through the actual brokerage of the defendant, the F prepared a real estate lease contract with H as if the lease contract was concluded for 100 million won of the rent deposit of 306 Do 1406, Seo-gu Incheon, Seo-gu, Incheon.

On January 28, 2014, H filed an application for a loan of the lease fund with the “J” company’s submission of a lease agreement and a certificate of employment to the employee in charge of the loan at the same location, at the location of the Seodaemun-gu Seoul Branch of the Victim Bank located in Seodaemun-gu, Seoul.

However, in fact, G and wife F did not have leased I apartment Nos. 306 1406 and 1406 to H, and H did not have worked for “J company” at the time of loan application by H.

Nevertheless, G received KRW 60 million from the injured party on February 4, 2014, from the Agricultural Cooperative Account in the name of F as a loan.

Accordingly, the Defendant, “E,” etc., enters into a false lease contract.

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