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(영문) 부산지방법원 2015.02.10 2014고정4151

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant, in his credit condition, got an advertisement from the location of living information, etc. that he would be unable to obtain a loan from a financial institution in a normal way, and got a telephone from the loan brokerage office operated by B, and sought an explanation that if the defendant pretends that he would give a lease deposit and lease a house owned by C from the employees, he would receive a lease loan and divide it in collusion with B.

On November 24, 2010, the Defendant: (a) received a false document, such as a real estate lease agreement, and a receipt that C received KRW 3 million as the lease deposit, with the content that the Defendant leased the house in Kimhae-si, owned by C; (b) filed an application for a lease loan with a loan transaction agreement, and (c) filed an application for a lease loan with the employee in charge of loaning the victim agricultural cooperative; and (d) written a written confirmation to the NA employee E from the confirmed business trip without any fact that C leased the said house to A; (b) on November 30, 2010, the Defendant acquired KRW 15 million from the victim agricultural cooperative to the NA bank account in the name of the NA; (b) divided the amount of KRW 7 million, and KRW 320,000,000,000,000 from the Defendant agricultural cooperative; and (c) acquired the remainder under the name of the fee.

Accordingly, the defendant, in collusion with C, B, etc., received property by deceiving the victim agricultural cooperative.

Summary of Evidence

1. Each police interrogation protocol of the accused, C, and B;

1. Application of Acts and subordinate statutes to four persons, such as a copy of the deposit passbook, a copy of the application for loan, a copy of the real estate lease contract, a copy of the down payment receipt, and a copy of the case transfer sheet

1. Article 347 (1) and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;