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(영문) 인천지방법원 2016.11.11 2016고단6929
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant: (a) in the event that a homeless employee applies for a loan to a financial institution by meeting certain requirements, such as having a certificate of employment and having related documents such as a charter contract, and (b) having him/her obtain a loan from a financial institution without any security; (c) with a loaner and a false lessor C, with intent to obtain a loan from a financial institution by using a false charter contract, etc.; and (d) the Defendant acted as a false lessee; and (e) C was to obtain a loan by taking the role of a false lessor.

Accordingly, on February 20, 2013, at the E office located in Ansan-si, the Defendant: (a) entered into a false real estate lease agreement with the Defendant, as if the Defendant leased the f. 101 F. 10,000,000,000,000 from Ansan-si, Ansan-si; and (b) on March 4, 2013, at the high-class branch of the victim bank located in Ansan-gu, the Defendant filed an application for the loan of the deposit by submitting the lease agreement and a false certificate of employment with the intent to work in the G, “the Defendant,” prepared by the Defendant to the employee in charge of the loan at the same location.

However, in fact, the Defendant did not have actually leased the foregoing FF Lending No. 101 C, and did not have worked for “G” at the time of the loan application.

Nevertheless, on March 8, 2013, the Defendant received KRW 56 million from the victim via the Agricultural Cooperative (H) account under C’s name as a loan.

Accordingly, the Defendant, in collusion with C and Loan B, was accused of the victim and received property.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each protocol of suspect examination of the police against C;

1. Copy of the statement made to I by the police;

1. Application of the National Housing Fund loan application, loan transaction agreement, apartment lease contract, confirmation of lease contract, certificate of employment and certificate of withholding income tax to the National Housing Fund.

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