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(영문) 전주지방법원 2016.02.16 2015고단2274

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for one year.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

On July 2014, E introduced Defendant B from F, the title holder of the loan, Defendant B (the custody charge on March 27, 2015), and recruited Defendant A as a house owner who is to prepare a false lease contract, and had Defendant B and Defendant A, the wife of Defendant B, and Defendant A, in the H Authorized Office located in Seo-gu Daejeon, Daejeon, Daejeon, on July 28, 2014, complete the completion of the contract at the H Authorized Office, located in 110, and around July 28, 2014.

Defendant

B, upon receipt of a false certificate of employment, health insurance qualification acquisition certificate, benefit statement, statement of passbook transaction, and statement of subscription to the fourth insurance from the above E as of August 6, 2014, which was prepared as if he himself was an employee in office in the M company located in the Gangnam-gu Seoul Metropolitan L2 M 216, and then filed an application for a deposit loan at the location of the new bank located in the new city located in the 511-7, as of August 6, 2014, the new bank located in Daejeon Seo-gu Do New City as of the plan of Daejeon, and submitted a false deposit contract, false certificate of employment, etc. to the employee in charge and received KRW 129,00,000 from the damaged person on the 14th of the same month.

Accordingly, in collusion with the above E and F, the Defendants acquired 129,000,000 won as a loan from the damaged person.

Summary of Evidence

1. Defendants’ respective legal statements

1. Some statements made by the prosecution against the defendant A in the protocol of interrogation of the suspect (including E statements);

1. A protocol concerning the interrogation of the suspect against the defendant B by the prosecution;

1. Copy of each protocol concerning the examination of suspect with respect to F;

1. Reports and investigation reports (suspects specified-O: E);

1. All the provisions of a loan transaction agreement, etc. and the application of Acts and subordinate statutes on receipts;

1. Relevant Articles 347 (1) and 330 of the Criminal Act: Defendants who choose to commit the crime;

1. Defendant A: Article 62(1) of the Criminal Act (the following grounds for sentencing).