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(영문) 의정부지방법원 고양지원 2018.08.29 2018고단1091

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

around August 18, 2016, the Defendant applied for “NH new desired weather loan,” which is a loan requirement at the branch of the Nam-gu Incheon District Bank of Nonghyup Bank, Inc., the Defendant: (a) applied for the “NH new desired weather loan”; (b) false employment certificate, source collection register of earned income, health insurance qualification confirmation certificate, etc. issued upon request from G from a person operating the F; and (c) from June 20, 2016 to August 20, 2016, from around August 20, 2016 to the National Bank account (Account Number: I); (d) new bank account in the name of H; (e) bank account in the name of H; (e) account number in the name of the Defendant; and (e) account number in the account of the Korean bank (K): 250,000 won from each of the Defendant’s domestic bank accounts (hereinafter referred to as the “F account”); and (e) deceiving the Defendant into the Defendant’s agricultural bank account in the name of the Defendant.

On August 19, 2016, the Defendant, by deceiving the victim, obtained a loan of KRW 25 million from the victim, to the said Agricultural Cooperative Account under the name of the Defendant, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of G to the prosecution;

1. Statement made by the police against M;

1. Complaint;

1. A loan transaction agreement, an additional agreement, a certificate of loan application, a certificate of employment, a ledger of collection of wage and salary income, a confirmation of acquisition and loss of eligibility for health insurance, a statement of demand unfair account transactions, a detailed statement of deposit transactions, and the application of credit information registration statutes

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

1. According to Article 62(1) of the Act on the Suspension of Execution, considering the following favorable circumstances: (a) under which the defendant had the same record of sentencing one time; (b) the amount of damage was caused by the total amount of damage; (c) the victim does not want the punishment of the defendant by paying the full amount of damage; and (d) the confession and reflect of the crime; and (e) the sentence shall be determined as per the disposition, taking into account all the conditions for sentencing prescribed by Article 51 of the Criminal Act, such as the