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(영문) 광주지방법원 2012.12.07 2012고정1868

사기등

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Defendant,

1. Around January 2012, after receiving a request for a loan of KRW 10,00,000 by telephone from C at the Defendant’s residence of the Nam-gu Seoul metropolitan building 101 Dong 206, the Defendant introduced D, which is an employee of Solomon Savings Bank, from D on January 18, 2012, with a total of KRW 475,000,000, including KRW 175,000 on January 20, 2012, as a brokerage commission, used the loan brokerage business after having received a request for a loan of KRW 10,000 from C in the name of the Defendant.

2. On January 1, 2012, at the place indicated in paragraph (1), there is no intent or ability for a defendant to obtain a loan within a short period through a guarantee insurance company. However, if the victim receives a request from the victim C to receive a loan from the first financial right to obtain a loan from the victim C, it is false that the victim can receive a loan from the victim within a short period of time through a guarantee insurance company, the victim can receive a loan from the victim within a short period of time. Accordingly, on February 17, 2012, the victim acquired 290,000 won including the sum of 110,000 won under the name of the guarantee insurance premium, etc. on February 29, 2012 as additional guarantee insurance premium, by receiving a payment of KRW 110,000 as an account in the name of the defendant.

Summary of Evidence

1. Each prosecutor's protocol of examination of the accused;

1. A report on investigation (5 pages, 55 pages, 155 of investigation records);

1. Application of Acts and subordinate statutes on account transactions (the investigation records, 85 pages, 156 pages);

1. Article 19 (1) 1 and Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, Article 347 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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;