beta
(영문) 서울서부지방법원 2014.03.28 2014고단192

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal record] On February 22, 2011, the Defendant was charged with non-detained for violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-on Vehicle) in the Daejeon District Court on Red Cross, and is still pending in the trial.

【Criminal Facts】

Around July 2013, the Defendant accepted the proposal that “if the name of the loan is lent, the Defendant would give KRW 10 million in return for the lending of the name of the loan” from the person under whose name the loan was unknown.

Accordingly, the name-dissatisfyer submitted documents necessary for the loan review such as the contract for sale in lots with three others, (D) certificate of employment in the name of D, and the receipt for withholding labor, etc. to the victim EF branch, and the defendant made a request for the loan to obtain 130 million won.

At around 15:00 on October 24, 2013, the Defendant submitted a loan transaction agreement, additional agreement, loan consultation, and application form under the name of the Defendant to the employees of the EF branch located in Eunpyeong-gu Seoul Metropolitan Government, and the Defendant had the ability to repay the loan by working as the head of the department in (ju) D), and the Defendant was able to pay the loan by establishing a collateral security right at the same time with the transfer of the ownership of H building 201 in Bupyeong-gu, Jungcheon-gu, Seoul.

However, in fact, the defendant did not have worked as the chief of the department in D and did not purchase the above real estate, so even if he received a loan, he did not have the intention or ability to complete the loan.

As a result, the Defendant, in collusion with a person in false name, deceiving the victim, and was given a loan of KRW 112,90,000 to the Agricultural Cooperative Account (I) in the name of the Defendant around October 30, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of J, K, L, and M;

1. A loan transaction agreement, certificate of personal seal impression, additional agreement, identification of debt-related persons, lease agreement certificate, sales contract certificate, register of register, certificate of ability for repayment, certificate of capacity for repayment, certificate of employment, receipt for tax withholding for wage and salary income, and application for the use