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(영문) 대전지방법원 2019.02.28 2018고단4449
사기
Text

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

However, 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 employee loan system guaranteed by the Korea Housing Finance Corporation is divided into “National Housing Fund loan” operated by six banks in the city and “financial resources loan operated by 17 banks in the city,” and the said Corporation guarantees 90% of the loans without securing them.

On February 2, 2013, the Defendant received a proposal from the loan hub B, etc. to the effect that “The loans from the Government’s National Housing Fund to ordinary people and workers who operate the Korea Housing Finance Corporation with the financial resources consisting of documents screening without actual inspection, and thus, the loans are divided by taking advantage of a false charter contract, employment certificate, etc., and accordingly, the Defendant took charge of the role of a false lessee.”

On February 20, 2013, according to the above public offering, the Defendant entered into a false lease contract with D Licensed Real Estate Agent Office in Seongbuk-gu Daejeon, Daejeon, with the content that “Seoul E Apartment-gu, Daejeon E Apartment-gu,” without any intention to rent and reside therein, the Defendant entered into a false lease contract with the following terms: “Lease G, lessee A, lease deposit amount of KRW 100 million, and two years with the lease term.”

Around that time, the Defendant received a certificate of employment of “H” and a certificate of income tax withholding from the above lending hub B, etc., and submitted a false lease contract and a certificate of employment, etc. from the J bank's legal Dong branch located in Daejeon-gu, Daejeon, to the employee of the J bank who is the victim, and applied for a full-time loan loan to the employee. On March 6, 2013, the Defendant received KRW 70 million from the victim as a loan for the full-time loan of the employee.

Accordingly, the defendant, in collusion with the above loan bromoer B, by deceiving the victim, received KRW 70 million from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. B, G, and the Defendant respectively.

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