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(영문) 서울북부지방법원 2017.05.10 2017고정13

사기등

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On October 1, 2015, the fraud Defendant made a false statement that “In order to obtain a large amount of loans, the Defendant would change the credit cards, which he/she has to do, to the victim B (37 years of age and south) at the French-gu Seoul Metropolitan Government coffee shop located in Dongdaemun-gu, Seoul.”

However, the Defendant did not have the intent or ability to increase the lending limit through credit work even if the Defendant received credit cards from the complainants.

The Defendant received 11,618,790 won with the above Samsung Card, 2,001,220 won with the new Samsung Card, and 4,412, and 410 won with the Hyundai Card, from the injured party, and received 11,618,790 won with the above Samsung Card, and 2,001,220 won with the new card, and 4,792,400 won with the Hyundai Card, and 18,412, and 410 won for personal use.

2. A person who intends to engage in loan business or loan brokerage business (unregistered loan brokerage business) in violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users (unregistered loan brokerage business) is required to register with the competent authorities. However, the Defendant, at the same time and place as the above 1 paragraph, provided that “If a loan from a financial right comes to an entry of a loan, 35% shall be changed with a fee,” the Defendant, at the same time and place as above 28 million won, by getting a loan from a loan company, such as F, etc., obtain approximately KRW 9.7 million as a brokerage fee.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Complaint;

1. Application of Acts and subordinate statutes to the specifications of use, such as Samsung Card;

1. Article 347 (1) of the Criminal Act (including fraudulent occupancy, comprehensive loan business), Article 19 (2) 6, and Article 11-2 (2) of the Act on the Registration, etc. of Loan Business, and Protection, etc. of Financial Users for facts constituting an offense (a point of unregistered loan brokerage business);

1. Selection of an alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;