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(영문) 수원지방법원 성남지원 2016.05.13 2016고단720
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In order to stabilize the residence of homeless workers with no special security, the Ministry of Land, Infrastructure and Transport operates the system of lending the entire housing loan to workers with interest rate lower than the market interest rate if a commercial bank files an application for a loan with only certain documents such as a certificate of employment, a detailed statement of salary, etc. without any special security, and a deposit contract.

On January 2014, the Defendant, together with C and D, played the role of a false lessor, D and D, and C are responsible for the role of a false lessee, and C prepared documents related to false employment and false lease contract in advance, and D submitted them to the financial institution, and submitted them to D to the financial institution for the purpose of financing and arranging them to divide them into loans from workers.

According to the foregoing public offering, C drafted a false contract for the lease of an apartment with the content that D was prepared as if D was enrolled in the “E” around January 2014, in order to transfer to D documents related to employment, such as a false certificate of employment, a certificate of source of income tax collection, a statement of salary, etc., and the Defendant and D around January 15, 2014, at the “G official agent brokerage office” located in Gwangju City F, Gwangju, the Defendant entered into a false contract with the Defendant that D leases “H apartment 102 Dong 1903,00,000,000,000,000 won as the deposit for the lease.”

After January 16, 2014, D applied for a loan for employee's entire house loan to an employee in charge of loan who could not know his/her name at the Seoul metropolitan branch office of the Han Bank Gyeonggi-si as of the Gyeonggi-si, Gwangju-si, and submitted the above false employment certificate and apartment lease contract, and actually used the loan as a deposit for the entire house.

A false statement was made.

However, in fact, since D did not rent the above “H apartment Nos. 102 and 1903” from the Defendant, the Defendant did not intend to use the loan as a deposit for the lease on a deposit basis. As such, Defendant, D, and C merely thought that the loan was distributed and used.

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