사기등
1. Defendant A shall be punished by imprisonment with prison labor for a period of one year and six months for a crime (2016 order 2144) set forth in the judgment of Defendant A.
Punishment of the crime
Defendant
A on April 18, 2013, the Busan District Court was sentenced to a suspended sentence of two years for one year and two months for a crime of fraud, forgery of private documents, and fraud of the above investigation document. On July 19, 2013, the judgment was finalized on October 8, 2015, which was sentenced to eight months for a crime of fraud, forgery of private documents, and fraud of the above investigation document at the Busan District Court. < Amended by Act No. 13588, Oct. 16, 2015>
[2016 order 1467, hereinafter “1467”)
1. Defendant A
A. The Defendant was aware of the fact that it is difficult for the Defendant to have a normal accident due to this mental division, etc. that he/she became aware of in the course of introducing B, and that he/she would operate a restaurant with a loan.
It was intended to borrow the loan in the name of the victim by deceiving the damaged person.
On April 2015, the Defendant: “Around April 2015, the Defendant was granted a loan from a financial institution and issued a credit card to operate a restaurant with the said money; the Defendant entered into a lease agreement with the victim at the “J” restaurant located in Kimhae-si I as the lessee; and completed the registration of a general restaurant operator in the name of the victim; and received a loan application, such as an identification card, and documents necessary for the issuance of a credit card from the victim around that time.
However, the Defendant did not notify the victim of the above loans, etc. received under the name of the victim, and did not intend to operate a restaurant with the victim or divide the loans to the victim. However, there was no intention or ability to repay the above loans and credit card bills due to the lack of assets or profits in excess of the debt.
On June 23, 2015, the Defendant applied for a loan of operating capital in the name of the victim from the “SSB Savings Bank” located in 2, 1503, U.S., Busan Shipping Daegu, 2015, and received KRW 30,000,000 from the documents evidencing that the Defendant submitted the above real estate lease contract, business registration certificate, etc.