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(영문) 대구지방법원 김천지원 2020.02.05 2019고단1183
사기
Text

Defendant

A shall be punished by a fine of two million won and by imprisonment of eight months for each of the defendants B.

Defendant

A shall be subject to the said fine.

Reasons

Punishment of the crime

Defendant

B became aware of the so-called “work loan” business operator who received a loan from a financial institution by making a false document through the Internet site search, and conspired with C, D, and Women-Friendly Defendant A, who is the above business operator, in collusion with the above business operator A, even though Defendant A did not have concluded a lease contract on the apartment owned by E, the fact that Defendant A entered into the lease contract on the above apartment and paid the lease deposit, as if the lease contract was entered into with the above apartment, the lease contract on the apartment was falsely entered into

On January 14, 2013, the Defendants conspired with C, D, etc., submitted a false apartment lease contract that was prepared as if Defendant A had a deposit amount of KRW 160 million with respect to H apartment I in Seongbuk-gu, Incheon Metropolitan City, Sungnam-do, and filed an application for a lease of money.

However, in fact, Defendant A did not actually concluded the above lease contract, and there was no payment of the lease deposit, and even if the loan was executed, the Defendants did not have the intent or ability to pay the principal and interest normally.

From January 18, 2013, the Defendants, by deceiving the above employees and obtaining approval for the loans from the above employees, obtained the transfer of KRW 60 million, a victim G ownership corporation, for a loan from the said employees, through G account opened in the name of the Defendant A.

Summary of Evidence

1. Defendants’ legal statement

1. An apartment charter contract, receipt, a detailed statement of credit transactions, a written application for loan consultation, and a loan transaction agreement;

1. Investigation report (report on the B telephone call of a witness);

1. Application of each statute of the judgment;

1. Articles 347(1) and 30 of the Criminal Act applicable to the facts constituting a crime;

1. Defendant A who selected the sentence: In addition to the sentencing factors for Defendant B, the crime is committed upon Defendant B’s continuous request by the former male-gu.

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