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(영문) 서울남부지방법원 2020.05.14 2019고단6172
사기
Text

A defendant shall be punished by imprisonment for one year.

except that 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 Ministry of Land, Infrastructure and Transport has operated the system of lending of the pre-paid house rent to the employees who borrowed the pre-paid house at a rate lower than the market interest rate without securing the pre-paid house rent from the National Housing Fund in order to stabilize the housing of homeless workers.

The crime of fraudulent workers’ loan fraud is based on the following circumstances: (a) the lending hub consisting of loan broker’s total liability, (b) lessor recruitment liability, and (c) loan brokers, etc., may easily obtain a loan by submitting only the documents related to the loan of workers’ loan to the financial institution entrusted with the loan of workers’ loan and (d) the loan broker’s loan contract; (b) the lessor recruitment liability under the direction of the broker’s general responsibility for loan; (c) the lessee recruitment liability provides a false lessor with a false loan; (d) the lessee recruitment liability prepares a false document related to the employment under the name of the disguised company, such as a certificate of employment, a detailed statement of wages, and a certificate of income tax withholding, as if the borrower actually works for the title holder; and (e) prepares a false lease contract as if the former and the former were actually concluded between the former and the latter, and then forms the structure of loans that have been divided by applying for a loan of workers’ loan in the name of a false lessee.

[Specific criminal facts] Under normal circumstances where financial institutions are difficult to lend, the Defendant came to know B of the fraud loan hub through Internet advertisement, and conspired with C to play a false role as the lessor, together with C related documents related to false employment and false housing lease-related documents.

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