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(영문) 서울중앙지방법원 2016.10.20 2016고정1853
사기
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

B During the period from March 2014 to August 2, 2014, landscaping construction was conducted on the building owned by Defendant D in Jongno-gu Seoul Metropolitan Government, and the Defendants should be paid KRW 53 million with the construction cost. As to Defendant D’s Seoul Jongno-gu E 201, the Defendants conspired to prepare a false lease contract as if Defendant B leased, and to receive a loan for the lease fund and pay the construction price as the price.

According to such public offering, around October 23, 2014, the Defendants drafted a false lease agreement as if Defendant B leased the above building 120 million won as the lease deposit was leased by Defendant B. Defendant B applied for a pre-lease loan at the South-dong branch of the Seoul Western Bank located in 136 due to the increase of Seodaemun-gu, Seoul around October 26, 2014, and submitted a false pre-lease contract to the above bank manager and its member was transferred from the victim bank to the bank account in the name of Defendant D.

As a result, the Defendants conspired to receive property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of suspect of the police against D or B;

1. Application of Acts and subordinate statutes on credit transactions, such as a certified copy of the register, Kakao Stockholm, a false contract for multi-household charter, and a false credit transaction agreement;

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 (Selection of Fine) of the Criminal Act concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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