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(영문) 대구지방법원 2017.02.10 2016고단6712

사기등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 2016, the Defendant, as a person with no certain occupation, was able to obtain a loan by forging documents necessary for the loan from the above C, and the Defendant conspired to receive a loan together with the Defendant by forging a certificate of employment and a deposit transaction statement with respect to the Defendant. The Defendant offered to obtain a loan by forging a certificate of employment and a deposit transaction statement with respect to the Defendant.

1. On March 18, 2016, in collusion with the above C, the Defendant committed each of the above facts by allowing C to arbitrarily prepare a certificate of employment under the above E name and a detailed statement of deposit transaction (Account Number F) under the name of the bank, as if the Defendant was working and paid for the above E even though the Defendant did not work for the quality management department of the E company located in Daegu Northern-gu D, and did not receive the benefits of KRW 2.5 million monthly from the above E.

2. On March 21, 2016, the Defendant: (a) in collusion with the foregoing C, borrowed KRW 5 million from the said State’s H branch located in the Daegu-gu G building (State); and (b) submitted a forged employment certificate and deposit transaction statement to an employee in charge of the said company who was aware of such fact; and (c) exercised the said certificate and deposit transaction statement.

3. The Defendant, in collusion with the above C, submitted a forged employment certificate and deposit transaction statement at the date, time, and place specified in paragraph 2, and obtained a delivery of KRW 5 million from the victim (the State) H branch to obtain the same as a loan.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Application of each statute stated in the complaint, customer president, and loan details, loan agreement, loan transaction agreement, employment certificate, and deposit transaction statement (as attached to the complaint) shall be applicable;

1. Criminal facts;