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(영문) 대구지방법원 안동지원 2018.11.20 2018고단366

사기등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On June 1, 2017, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment for fraud at the Seoul Central District Court, and on June 9, 2017, the judgment became final and conclusive.

On March 2015, the Defendant accepted a request from E operating a loan brokerage company of Dongdaemun-gu Seoul Metropolitan Government 305 and 310 to the effect that “D” lending companies are to act as a broker and to receive fees,” and accepted the request to the effect that “the lending company is to create a false workplace number, first of all, to change the lending company’s name.” The Defendant was willing to use a false workplace telephone number to induce the lending company to lend the lending company as if the lending party had a certain workplace or income, and then to receive the lending brokerage fee from the lending party.

1. The Defendant, in collusion with E and F on March 30, 2015, received a total of KRW 13,000,000 from the victim company to receive KRW 3 million by deceiving the victim company in a way that, in collusion with E and F, F would make telephone conversations with the employee in charge of lending funds from the victim SBI Bank, even though the F did not have a certain workplace or fixed import, “G would change loans due to the existence of a workplace,” and by opening the false workplace telephone number, would verify whether the F would work as if the F would have a workplace, and received the transfer from the victim company under the name of the loan from the victim company from April 7, 2015, and received KRW 13,000,000 in total five times, such as the first installment of the annexed crime list 1.

2. A loan broker who violates the Act on the Registration of Loan Business, etc. and the Protection of Financial Users shall not receive any fee in connection with loan brokerage, regardless of its name, such as a fee, honorarium, or down payment, from the other party to the transaction to which the loan is granted;

Nevertheless, Defendant and E conspired to arrange for the F to obtain a loan of KRW 3 million from the SBI Savings Bank on March 30, 2015, and then receive KRW 600,000 as a brokerage commission, and thereafter receive KRW 600,000 from that time. < Amended by Act No. 13203, Apr. 7, 2015>