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(영문) 광주지방법원 2016.08.31 2016고단2744
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. The structure of the crime of fraud of lending money to false workers by leasing the money to the National Housing Fund for the purpose of stabilizing the residence of homeless workers, the Ministry of Land, Infrastructure and Transport operates the “the system of lending money to the employee under the lease on a deposit basis with the interest rate lower than the market interest rate without securing the said funds.”

The crime of fraud of lending money to false workers is the structure of taking account of the fact that the financial institution entrusted with the business related to lending money to workers on a deposit basis with the employment of the lessee and the submission of only the contract for lease on a deposit basis of the house can easily obtain the loan by undergoing a formal examination. The lending bropiers recruit the house owner who will act as the lessor by fraudulent means; falsely recruited the loan owner who will apply for the lending money to workers on a deposit basis; as if the loan owner actually work as the employee, he/she prepares false employment-related documents, such as a certificate of employment in the name of the disguised company, a detailed statement of payment, and a certificate of collection of income tax, as if he/she actually enters into a contract for lease on a deposit basis, and then prepares a false employment-related documents and the contract for lease on a deposit basis, and then divides the loans that have been received by applying for the lending money in the name of a false lessee.

2. In collusion with C, Defendant A plans to obtain “loan for the lease of housing for false workers” as well as D (Detention on July 6, 2016), E (Detentions by the Gwangju District Court on March 21, 2016), F (Detentions by the Gwangju District Court on March 21, 2016), G (Detentions by the Suwon District Court on January 26, 2016), H (Detentions by the Gwangju District Court on March 30, 2016) in collusion with the loan owner owner, Defendant A planned to obtain “loan for the lease of housing for false workers”, and E and D plans to obtain “loan for the lease of housing for false workers”, and F prepares a false certificate of employment by establishing a floating corporation.

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