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(영문) 대전지방법원 2016.07.13 2016고단359
사기
Text

Defendants shall be punished by imprisonment for eight months.

However, with respect to the defendantO, this judgment shall be given for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants received proposals from D, E, etc. to the effect that the examination of employee loan loans and the collection of loans are divided by taking advantage of the fact that the procedures for examining employee loan loans are not strict compared to other loans, and agreed to do so, Defendant A conspired in order with D, E, public intermediary F, etc. to acquire loans by deceiving financial institutions by taking charge of the role of false tenant, Defendant C, and Defendant C’s agent of false landlord Q.

On February 28, 2014, the Defendants: (a) concluded a false real estate lease agreement with Defendant A, even though Defendant A did not intend to rent and reside in the “H real estate” office located in the Dong-dong, Dong-gu, Seoul; (b) concluded a false real estate lease agreement with Defendant A with the content that the term of lease for two years, deposit money 130 million won; and (c) around that time, Defendant A received relevant documents, such as a false certificate of employment of S who did not actually work, from E; and (d) around March 10, 2014, Defendant A applied for a loan of full-time employees by submitting the loan application documents, such as the deposit agreement, certificate of employment, etc. prepared falsely at the Dong-dong, U.S. branch, U.S., one bank, as seen above, to the employees of the victim bank.

On July 20, 2014, the Defendants received KRW 80 million from the injured party to the Qua account in the name of Defendant O’s management around July 20, 2014.

As a result, the Defendants were released KRW 80 million by deceiving the victim in collusion with D, E, and F.

Summary of Evidence

1. Defendants’ respective legal statements

1. Investigation report (A lending-related documents);

1. A loan transaction agreement, etc.;

1. An investigation report (Attachment to a detailed statement of transaction A);

1. A report on investigation (to hear statements from the actual contractor by telephone);

1. Application of Acts and subordinate statutes to investigation reports (Attachment of Detailed Statement of Q Transactions);

1. Relevant provisions of the Criminal Act and Articles 347(1) and 30 of the Criminal Act concerning the selection of criminal facts (each of them).

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