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(영문) 창원지방법원 밀양지원 2012.09.19 2012고단64

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant has no property under his name as a so-called bad credit holder, and there is no income, and the defendant did not file an application for a loan of 16 billion won with the Credit Guarantee Fund Net Branch in the name of the Korea Credit Guarantee Fund under the name of the actual management of the defendant, and even if he borrows money from the victim F (the age of 41) due to the shortage of construction cost, he did not have any intention or ability to repay the money to the victim, and there was no intention or ability to give the victim a subcontract for the creative construction work of the Korea Credit Guarantee Fund.

Nevertheless, at the “H” office of the victim’s operation in Kimhae-si on April 19, 2011, the Defendant applied to the victim for a loan of KRW 16 billion to the netcheon branch of the Korea Credit Guarantee Fund under the name of the Plaintiff D and the Chairperson of the Korea Credit Guarantee Fund. However, on April 19, 2011.

5. Since the above loans are expected to be financed with KRW 5 billion among the above loans, it is expected that the above loans will be repaid with money to KRW 5 billion to be used for expenses, and in addition, to the above loans, KRW 200 million will be lent to the victim, and the Changho Construction Work will be subcontracted to the victim among the Corporation D.

‘Falsely speaking to the effect that it was ‘the victim received KRW 1.5 million on the same day from the victim, and the victim acquired KRW 63,500,000 from the victim to July 1, 201, and acquired KRW 63,50,000 in total by the same method as in the attached crime list, from the victim by the same method as in the attached crime list.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F, I, and J;

1. Some statements of each prosecutor's protocol of examination of the defendant against the defendant;

1. The prosecutor's statement concerning the F;

1. Application of Acts and subordinate statutes to a complaint (including copies of bankbooks attached thereto, each receipt without passbook, a detailed statement of ordinary deposits, and a statement of past transaction details);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The Criminal Act among concurrent crimes.