beta
(영문) 수원지방법원 2016.07.12 2016고단387

사기

Text

1. Defendant A shall be punished by imprisonment for eight months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A around June 2012, through the Internet, may receive a loan from a person who is not due to the name and influence of a loan fraud organization which became aware of through the Internet.

“Around June 2012, Defendant B also received a proposal and accepted the proposal, and Defendant B also would receive a loan from a person who was unaware of the name that he/she became aware of through a mobile phone text from a person who was not aware of the fact that he/she had a mobile phone, and would receive a loan from a person who was not aware of the fact that he/she had a mobile phone.

“The proposal was presented and accepted.”

On June 20, 2012, the Defendants: (a) entered into a lease agreement with Defendant B, even though he did not rent KRW 200,000,000,000 to KRW 200,000,000,000,000,000,000 won; (b) around the first day of July 20, 2012, Defendant A was issued a false employment certificate, income tax collection certificate, health insurance certificate, and insurance certificate, and the name of the borrower on June 20, 2012, to Defendant A submitted to the lender with no knowledge of the false employment contract; and (c) Defendant A was granted KRW 70,00,000 under the name of Defendant B bank’s account on July 7, 2012.

Accordingly, the Defendants, in collusion with the above name in order to attract the victim bank to raise a conflict of interest, by deceiving the victim bank and by deceiving the victim to acquire KRW 77 million from the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the Acts and subordinate statutes on loan transaction agreement and the lease contract for apartments;

1. Relevant Articles 347(1) and 330 of the Criminal Act concerning the Defendants’ option of criminal facts and punishment.

1. Defendants on probation: Article 62(1) of the Criminal Act (the grounds for sentencing as follows).