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(영문) 서울서부지방법원 2018.05.17 2017고단1049 (1)
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[Public offering relationship] The Defendant applied for a loan of an illegal loan to a credit cooperative or credit cooperative, etc. which is relatively difficult to examine loan documents compared to real estate business entities and loan hubs, and the Defendant divided the loan. Accordingly, F takes charge of purchasing a house leased in the form of a lease on a deposit basis, and preparing a false lease contract through Dong G, and H, I, and J contact with L who is an employee of the victims' K Cooperatives (hereinafter "K"), and take charge of loan-related affairs. M & N,O, etc. are recruited as a lessor or lessee of the purchased real estate. Each nominal lender, including the Defendant, including the Defendant, was recruited in the name of the lessor or lessee of the purchased real estate, despite the existence of a tenant who entered into an existing lease contract and resided in the house, and applied for a loan of a lease on a deposit basis, and obtained the loan from the president in order as if it was made by the victims' loan-related employees, and obtained the loan-related employees from the association in the first order.

[Specific criminal facts] A consented to the loan of the fund after the transfer registration under his name on March 9, 2015 in accordance with the above public offering. On March 9, 2016, the Defendant visited K office located in the Eunpyeong-gu Seoul Metropolitan Government Q and applied for a loan of the fund of the amount of KRW 115 million, as if a normal lease contract was concluded, as the lessor and lessee, lessee, Seoul Eunpyeong-gu lessee’s “No. 401 of the Eunpyeong-gu R Building,” deposit money, and multi-household house lease contract, which is composed of “No. 401 of the Eunpyeong-gu Seoul Metropolitan Government RR Building,” and H visit the above K office at that time.

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