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(영문) 서울동부지방법원 2014.04.23 2014고단414

사기

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, due to low credit rating, was unable to obtain a loan from a financial institution in a normal way, and, while the Defendant was unable to meet his/her credit obligations and was faced with his/her life due to his/her failure to prepare medical expenses for his/her own and his/her own c and loans, he/she conspired to obtain a loan from a financial institution by forging a loan-related document on the condition that the loans are divided into 7:3.

On March 21, 2013, the Defendant: (a) requested C to provide loan with a loan-related documents, such as bank passbook, check-to-face card, certificate of personal seal impression, and resident registration copy; and (b) C forged a payment certificate of long-term care insurance premiums with the content that the Defendant served in D; and (c) applied for a loan of “Internet loan” in the name of the Defendant to the Victim’s Savings Bank located in Sungnam-ro 324, Sungnam-gu, Plueng-ro, Plue-ro, Plueng-ro

However, the defendant did not have worked in D, and was unable to repay a debt of 8 million won at the time, and had no intention or ability to repay the principal and interest even if he received a loan due to the absence of occupation or income.

As such, the Defendant conspired with C to induce the victim, thereby deceiving the victim into a deposit account in the name of the Defendant on the same day. The Defendant received KRW 16 million from the victim to the deposit account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of statutes to a copy of a health care insurance premium payment certificate;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Determination of Punishment] The basic area of less than KRW 100 million [Decision of Recommendation] [Scope of Recommendation] [Decision of Punishment] from June to one year and six months [Decision of Punishment] from June to one year and six months [Determination of Punishment] half, primary crime, money obtained by deception, amount of money actually used by the defendant, etc.