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(영문) 의정부지방법원 고양지원 2014.10.24 2014고단1967

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, with a bad credit relationship, thought that the lending company would not receive a loan from the lending company under the name of the Defendant, was able to receive a loan in the name of the Defendant.

Around November 14, 2007, the Defendant prepared a loan application in the name of Geumcheon-gu Seoul Metropolitan Government, stating that he had been employed by employees in the name of the victim waland, and then sent the application by mail, accompanied by a copy of the resident registration certificate in the name of C, a copy of the medical insurance certificate, a certificate of personal seal impression, and a copy or abstract of the resident registration certificate.

However, in order to obtain a loan under C’s name, the Defendant possessed a resident registration certificate or medical insurance certificate of C, and obtained a certificate of personal seal impression and a certified copy or abstract of C’s resident registration in the Geum-dong Office at the time of the strike, using it, and there is no particular property or income, while the Defendant could not receive a loan under his/her name due to a bad credit relationship, and thus, he/she did not have any intent or ability to repay the loan even if he

Nevertheless, on November 14, 2007, the Defendant, by deceiving the victim as above, received 2 million won from the victim to the corporate bank account in the name of C as a loan from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution (including a substitution withC);

1. C’s statement of police;

1. Loan documents, including an application for loan;

1. Application of Acts and subordinate statutes to issue certificates of seal imprint;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended execution [Scope of Recommendation]: General fraud (less than KRW 100 million) and basic area (under six to one year and six months): Reduction element where punishment is not granted or where damage has been recovered from a considerable part: Aggravating element where the number of crimes is very poor or the court commits fraud in a trial procedure.