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(영문) 서울동부지방법원 2016.04.29 2016고단771
사기
Text

Defendant

A shall be punished by imprisonment for six months, by imprisonment for ten months, and imprisonment for eight months, and imprisonment for eight months.

except that this shall not apply.

Reasons

Punishment of the crime

1. The Ministry of Transport and Maritime Affairs under the joint crimes of Defendant B, Defendant C, and E operates the system of loans for the entire house rent to employees who lend the entire house rent to the National Housing Fund at a rate lower than the mid-term interest rate without securing the said funds, using the entire house rent funds from the National Housing Fund for the stabilization of their residence.

The Defendants conspired to acquire the employee's entire housing tax fund by making a false representation in the house lease contract with E, a bromoer, using the circumstances that can easily obtain a loan through a formal examination when submitting the documents related to employment and only the house lease contract to the financial institution entrusted with the business related to the loan of the entire housing loan for workers.

E, around May 3, 2013, at the G Authorized Brokerage Office located in F of the Pakistan, around May 3, 2013, E prepared a false loan agreement stating the lessor H, lessee C, and deposit KRW 200,00,000, as if it actually concluded a lease agreement with the Defendant H and the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government I loan 101, which is H ownership, and delivered it to the Defendant C. The Defendant B kept documents related to the loan of the deposit, including the copy of the husband’s resident registration, around May 8, 2013.

On May 8, 2013, Defendant C submitted an application for a loan of KRW 82,90,000,000 to J, a loan solicitor of the central branch office of the U.S. bank in the U.S. in Ansan-si, the first floor of Ansan-si, Anyang-si, and submitted a false loan agreement, a certificate of employment, a statement of benefits, and a certificate of source collection of income tax.

However, in fact, the Defendants did not intend to lease the above loan from H or to use the loan as the deposit money for the lease of the loan, such as the contents entered in the above loan agreement.

Accordingly, the Defendants, in collusion with E, deceiving the victim’s new bank as above, and around May 16, 2013.

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