(영문) 서울서부지방법원 2019.09.19 2019고정559



Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.


Criminal facts

The defendant, along with his name-free loan broker, obtained loans under the name of the defendant, purchased a balker, and decided to dispose of it and lend funds.

1. On May 15, 2017, the Defendant submitted to the employee in charge of loan of a company C, who is aware of the fact that he/she had the national technical qualification certificate, which was forged in the manner of arbitrarily stating it in the name of “National Technical Qualification Certificate, Category of Qualification: D, Name: C, and Chief Director of the Korea Technical Qualification Examination Board, etc.,” when he/she applied for a loan of the funds for purchasing a camper under the name of the Defendant at a place in Seoul located at a non-place in Seoul, and used it.

2. On May 15, 2017, the person who was unaware of the name of fraud forged national technical qualification certificates, etc. in the name of the defendant in a false manner, and the defendant, around the 15th day of the same month, submitted documents, such as a forged national technical qualification certificate, etc., to the employees in charge of loan of the victim C in the non-permanent area located in Seoul Special Metropolitan City, stating that “on the 15th day of the same month, in order to purchase 1.8 million won necessary funds to purchase 29B 290B 29T 29th of the construction site, the amount of KRW 48 million per annum shall be repaid at the interest rate of 11.9% per annum per annum and 48 months from May 20, 2021.”

However, the defendant did not have a certificate of qualification as a mining technician, and there was no fact that the construction company performed the work using a mining technician, and even if the defendant borrowed from the victim, there was no intention or ability to repay the principal and interest of each month of the plan for the self-financial capital by disposing of the digging scoo from the beginning.

The Defendant, in collusion with the person who was unaware of his name, by deceiving the victim as above, received the money of KRW 48 million from the victim to the E bank account (F) in the name of the Defendant on the same day and acquired it by deception.

(i) the evidence;