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(영문) 서울중앙지방법원 2015.06.24 2014고정5388

사기

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant: (a) was unable to obtain a credit loan due to absence of a certain occupation; (b) conspired with a fraudulent loan broker C (Operation of an office of loan broker in personal location) who became aware of by searching the word “loan” as the word; and (c) to receive a loan by forging documents necessary for an examination of loan, the Defendant offered to pay part of the loan as a brokerage fee.

On May 14, 2009, the Defendant: (a) by deceiving Industrial Complex Loan Co., Ltd., a victim, by submitting a forged document of an application for a loan as if the Defendant was working in his/her own loan brokerage office and was receiving benefits at the Defendant’s office; (b) by deceiving the Defendant, a victim, into the Defendant’s national bank account; and (c) received KRW 3 million from the victim believed to be true.

Afterward, the Defendant remitted KRW 750,00 to C under the pretext of the loan brokerage fee.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. A copy of a protocol of suspect examination of the police as to C (record 322 pages);

1. A copy of the police statement concerning F;

1. Details of admission and withdrawal (record 502 pages) and the application of the Acts and subordinate statutes on a loan application;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;