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(영문) 대구지방법원 2013.07.24 2013고정1267

사기

Text

Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On July 21, 201, Defendant A was sentenced to two years of imprisonment with prison labor for larceny, etc. at the Daegu District Court, which became final and conclusive on December 30, 201. On July 19, 2012, Defendant A was sentenced to five months of imprisonment with prison labor for night intrusion and larceny at the Daegu District Court, which became final and conclusive on September 25, 2012.

The Defendant, even though he did not operate his own business and did not have the intention or ability to operate it, he created necessary documents for loans, such as a false commercial lease contract, business registration certificate, etc., through C, D, etc., which operated an illegal loan office, which is a financial product exclusively used by ordinary people, and obtained a false loan from the bank. On February 16, 2010, the Defendant: (a) made a false commercial lease contract, a false commercial lease contract, and a business registration certificate, etc.; and (b) received KRW 10,000 from the victim on February 16, 2010 as the Defendant actually operated the said place of business, and the said documents were actually prepared.

2. Although Defendant B did not run his own business and did not have the intent or ability to operate the business, Defendant B created necessary documents for loans, such as a false commercial lease contract, business registration certificate, etc., through the above C, etc., on April 9, 2010, Defendant B obtained a loan amount of KRW 10,000,000 from the victim on April 9, 2010 from the victim, who was a loan manager, to the E proxy, who was a loan manager, in the victim’s Seongdong Saemaeul Saemaul Community Depository office, and the said documents were actually operated by the Defendant and the said documents were prepared in a genuine manner.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol concerning C and D;

1. E prosecutorial statement;

1. An application for each credit guarantee;

1. Business registration certificate;

1. Each real estate lease contract;

1. Previous conviction (Defendant A):