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(영문) 대전지방법원 2017.02.07 2016고단3948
사기
Text

Defendants shall be punished by imprisonment for eight months.

However, the defendant B is above two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendants received proposals from D, E, etc. to the effect that the loan system was actually concluded in comparison with other loans, and the lessee was prepared and submitted with false documents, such as a charter contract, employment certificate, etc. stating that the lessee was a worker who received certain benefits, and then received and divided the loan. Defendant A conspired with D, E, etc. to act as a false lessee, and Defendant B was in charge of the false lessor’s role.

According to the above conspiracy, the Defendants: (a) made a false letter of the apartment rent contract, stating that “G official brokerage office” located in Seo-gu, Seo-gu, Seoul Special Metropolitan City on March 14, 2014; and (b) concluded that “H and Defendant B agreed to lease 100 million won or more to Defendant A during the lease period of two years,” the joint owners of H and Defendant B, the joint owners of H and Defendant B, and (c) received false documents, such as a false J’s certificate of employment, which was written as if Defendant A had worked for the business, from D, even though Defendant A had not served for the business.

Defendant

A around April 1, 2014, around Dong-gu Daejeon, Daejeon, applied for a loan of full-time employee by submitting the aforementioned false documents to the employee in charge of loan, at the 1629-6 location of the Victim Han Bank.

From April 8, 2014, the Defendants received KRW 70 million from the Victim Han Bank to the new bank account in Defendant B’s name.

Accordingly, the Defendants conspired with D, E, etc. in order to receive property by deceiving the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement concerning K in the protocol of interrogation of the suspect to the prosecution;

1. The statement made by the defendant A or D in the second police interrogation protocol against the defendant A during the police interrogation protocol;

1. A Loan Documents, Investigation Reports (B.)

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