beta
(영문) 부산지방법원 2014.06.16 2014고정1387

사기

Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant received necessary documents from many unspecified persons who need to borrow money on a deposit basis without concrete explanation, and did not actually conclude a lease contract, but did not use a false lease contract to obtain a "loan for money from ordinary people" from a financial institution.

On March 20, 2010, the Defendant stated that “B may implement a loan of 100 percent” to C at a coffee shop where it is impossible to know the trade name located in Busan-gu, Busan-gu, the Defendant: (a) obtained agricultural cooperative passbook, seal, and certificate of personal seal from C; and (b) completed a false lease contract stating as if the lease contract was concluded between C and D.

On March 25, 2010, the Defendant applied for a loan of money for lease on a house of low-income people with a false lease agreement attached to the employee in charge of lending money from the victim Nonghyup Bank. On April 2, 2010, the Defendant acquired the money from the victim to the passbook under the name of the passbook.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A certificate of loan confirmation and a copy of passbook (D);

1. Application of a loan transaction agreement, real estate lease agreement, receipt, and deposit certificate under statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 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;