logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2019.03.20 2018고단2781
사기
Text

A defendant shall be punished by imprisonment with prison labor for ten months.

Reasons

Punishment of the crime

On January 27, 2016, the Defendant, in collusion with B, filed an application for a housing loan of KRW 1.6% per month with employees whose names are not known, and on February 11, 2018, for a housing loan of KRW 150 million under the terms and conditions as of February 11, 2018, the Defendant submitted, in collusion with B, the “rental lease contract” as stated by the Defendant on the leased deposit column, KRW 240 million in the lessee column, and the lessee column B and the lessor column as the Defendant respectively.

However, in fact, the defendant should pay the balance of the above F apartment, and there was a false lease contract in collusion with B, and there was a plan to use the lease fund from the damaged company for the remainder of the above apartment, and there was no fact that B had resided in the above apartment.

The Defendant and B deceptioned the damaged company as above and received from the victimized company KRW 150 million from the H Association account in the name of B around February 12, 2016.

Summary of Evidence

1. Each legal statement of the defendant and B;

1. Statement of the police officer to I;

1. Application of loan transaction amount, document establishing a pledge, document establishing a deposit account, statement of deposits without passbook transfer, and Acts and subordinate statutes;

1. Circumstances unfavorable to the reasons for sentencing of imprisonment with prison labor: The defendant committed the instant crime on a planned basis, and the amount of damage therefrom is 150 million won; the defendant used most of the above damage amount; the defendant did not agree with the victim; the victim did not agree with the victim; and the victim want to punish the defendant; the defendant led to confession and reflect; the defendant paid the amount of KRW 92 million; the defendant paid the amount of KRW 92 million; the defendant was the primary offender; and other conditions for sentencing as indicated in the arguments of the instant case, such as the defendant's age, character and behavior, environment, motive and background of the crime; the means and consequence of the crime; and the circumstances after the crime.

arrow