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(영문) 서울서부지방법원 2014.03.31 2014고정471

사기등

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 4,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

C. D: (a) around February 2013, with a view to gathering 30 to 50% of the loans from an unqualified person, etc. who is difficult to borrow a normal loan from them as a fee and returning them to the fee; (b) as if the foregoing unqualified person, etc. had a considerable benefit occupation, he/she conspireds with the pertinent documents; and (c) specifically, C wishes to hold an interview with the persons wishing to provide a “work loan” and submit relevant documents to a financial institution, etc.; (d) by posting an advertisement writing on the Internet bet and return the loan to the financial institution, etc.; and (e) D wishes to play a role of finding the loan by posting the advertisement writing on the Internet bet; and (e) D entered “E” in the name of “E”, “E”, “C” in preparation for all necessary work, such as four days off and two days off.”

1. Around March 2013, Defendant B reported the content of the above advertisement, consulted with the said C and D, transferred the specific methods of “work loans” from the said C and D, and conspired to manipulate the relevant documents as if the said person had occupation as seen above, and to acquire the loans from the financial institutions, etc.

In collusion with C and D on March 2013, the Defendant used the image file stored in the Internet facsimile after receiving the Defendant’s health insurance qualification approval certificate in the name of the president of the National Health Insurance Corporation, the health and long-term care insurance certificate in the name of the president of the National Health Insurance Corporation, the payment certificate in the name of the president of the National Health Insurance Corporation, and the transaction statement in the name of Nonghyup, the private document, by Internet facsimile, in order to manipulate the Defendant’s work in the office of P and C in collusion with C and C, which was immediately known in the Internet search process, even though the Defendant was a person without will.