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(영문) 청주지방법원 2015.10.15 2015고단442

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 8, 2014, the Defendant: (a) sought explanation on the method of receiving a full-time loan from a person who was unable to know his name in the coffee shop (hereinafter “D”); and (b) made a lease agreement according to the direction of “D”; (c) submitted relevant documents, such as the lease agreement, etc., to the employees at the point of the Namdong-gu Incheon Namdong-gu, Incheon, Namdong-gu; (d) around May 12, 2014, the Defendant submitted the relevant documents, such as the lease agreement, etc., to the employees in charge at the point of the Yandong-dong, Seoul, a new bank, the second floor of the Seocho department department store, and concluded that “a full-time loan is obtained from the need

However, the defendant did not have entered into a charter contract, but did not think that he was used for personal purposes, such as living expenses, and did not think that he was used as a charter fund, and even if he was given a loan under the pretext of a charter fund, he did not have the intention or ability to pay it.

Nevertheless, the Defendant, by deceiving the victimized company as above, was transferred from the victimized company to the account of community credit cooperatives in the name of E in the name of KRW 56 million as a loan for employee house lease around May 20, 2014.

Accordingly, the Defendant, in collusion with the one-person “D”, acquired the above KRW 56 million from the victimized company.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Each police statement made to G, E, and H;

1. Application of each real estate lease contract, each loan transaction agreement, each passbook without deposit, each notice of termination of the contract, and each statute;

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of the type], type 1 (less than KRW 100 million) of fraud group, and general fraud [Determination of the recommended area] basic area [the scope of punishment] [the scope of punishment of recommendation], six months to one year and six months.