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(영문) 대구지방법원 2012.12.28 2012고정741

사기

Text

Defendants shall be punished by a fine of KRW 1,500,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

On January 27, 2011, the Defendant was sentenced to a suspended sentence of two years for perjury by the Incheon District Court. The said judgment became final and conclusive on February 8, 2011, and on February 21, 2012, the Daegu District Court sentenced eight months to imprisonment for fraud, and the said judgment became final and conclusive on February 29, 2012.

Although the Defendant did not operate a drinking water store and did not have the intent or ability to operate it, the Defendant created a false commercial loan contract and documents necessary for loans, such as a false commercial loan contract, business registration certificate, etc., through the above C, D, etc., which operated an illegal loan office with the intent to obtain “Ⅱ Special Guarantee Loan for Self-Employed Financial Products that are exclusively used by ordinary people” from the bank. On April 2010, the Defendant acquired 10 million won from the victim on May 27, 2010 after receiving 10 million won as a loan from the victim, on the following grounds: (a) the victim E Saemaul Bank office operated the above sales store; and (b) the Defendant made a false statement that the above documents were actually prepared.

The Defendant, “2012 high-level 2904,” even though he did not operate a place of business for electronic commerce and did not have the intent or ability to operate the business, created documents necessary for loans, such as a false commercial lease contract and a business registration certificate, through the above C, D, etc., which operates an illegal loan office with the intent to obtain “II Special Guarantee Loans for Self-Employed Financial Products that are exclusively used by ordinary people” from a bank. On October 2009, the Defendant acquired 10 million won from the victim’s ESS office from the victim’s ESS office to the Defendant’s agent who actually operates the said agency and the said documents were prepared in a genuine manner.

Summary of Evidence

1. Defendant A’s legal statement

1. Copy of each prosecutor's interrogation protocol against the Defendants

1. Each Prosecution with respect to C and D.