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(영문) 대구지방법원 경주지원 2016.10.26 2016고정187

사기등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The loan for the sunlight is a financial product that enables a person with wage and salary income for at least three months.

1. On March 4, 2014, the Defendant arbitrarily sealed C(China, C) seals and projectmen’s copies, which are operators of “B” restaurants, in the column of employment (employment) in order to obtain the above loan at an irregular site.

Accordingly, for the purpose of exercising, the Defendant forged a letter of employment (employment) certificate under C, which is a private document on the certification of facts.

2. Fraud;

A. On March 7, 2014, the Defendant submitted a forged labor (employment) certificate and a statement of account transaction, etc., which arbitrarily remitted monthly pay in the name of the restaurant, to the victim monthly credit cooperative D, as the Defendant was working for the victim monthly credit union D as an employee of the 'B' restaurant, as the Defendant was working for the victim monthly credit union D at the village of the "Yongdong-gu Mangdong-gu Mangdong".

However, in fact, the Defendant was operating the above restaurant directly at the time and did not receive a monthly wage, and there was no application for the loan product, and there was no intention or ability to repay the loan because the restaurant business at the time was not well operated.

The Defendant, as such, by deceiving the victim, received KRW 80,000 from the victim on the 10th of the same month, on the condition that he/she would repay approximately 8% of the annual interest rate, and once every month on 60 occasions.

B. The Defendant on the 17th of the same month.

In the same place as described in the subsection, the above employee was enticed by the above method and the victim was remitted 6,440,000 won under the same name.

3. In order to obtain the above loan at the time and place specified in Paragraph 2., the Defendant submitted a forged work (employment) certificate as stated in Paragraph 1. to the above employees who may know of the circumstances.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Complaints, investigative reports (line Statement of Witnesses), details of financial transactions (A, E), and