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(영문) 대구지방법원 2016.06.24 2015고정1817

사기

Text

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

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

Reasons

Punishment of the crime

The Defendant created documents necessary for loans, such as a false commercial lease agreement, business registration certificate, etc., through B, C, etc. operating an illegal loan office with the intent of receiving a “self-employed loan from a bank,” which is a financial product of a self-employed person, even though he/she did not operate a self-employed business and did not have an intent or ability to operate it. On July 14, 2010, the Defendant was issued KRW 10 million from the victim under the pretext of the loan, on the ground that the Defendant actually operated the Defendant’s place of business at the Cheongpo Credit Cooperative Office for the victim’s Cheongpo Credit.

Accordingly, the Defendant conspiredd with the above B, etc., and received the above money from the victim by deceiving the above victim.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each protocol concerning the examination of suspects of public prosecution against B, C, and D;

1. Statement made by the prosecution against E;

1. Application of Acts and subordinate statutes on credit guarantee, business registration certificate, and lease contract;

1. Article 347 (1) and Article 30 of the Criminal Act applicable to the relevant criminal facts and Articles 347 (Selection of Penalty) of the Criminal Act;

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;