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(영문) 창원지방법원 거창지원 2015.01.14 2014고정105

사기

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

As the Defendant is unable to obtain credit loans, the Defendant offered to obtain loans by forging documents necessary for the loan review along with D, which he/she became aware of upon introduction from a person who is not aware of his/her sex.

1. On April 15, 2008, the Defendant: (a) at a fraud loan brokerage office operated by D in Nam-gu Incheon Metropolitan City, the Defendant delivered the above D a certified copy, abstract, and passbook necessary for the loan; (b) the Defendant prepared the loan application form, etc.; and (c) received two million won of the loan from the victim, who was believed to be true, by deceiving the Industrial Complex Loan Co., Ltd. (G) as the victim by forging and submitting the loan application document as if the Defendant was working in F and was receiving benefits; and (c) was deposited as the account in the name of the Defendant (Korean Bank H).

Accordingly, the defendant deceivings the victim as above and acquired 2 million won from the victim.

2. On April 15, 2008, the Defendant, at the same place as the preceding paragraph, by deceiving the victim’s infant ecurgy (I) in the same manner as that of the preceding paragraph, received two million won as loans from the victim who believed to be true and deposited into an account under the name of the Defendant (Seoul AFFJ).

Accordingly, the defendant deceivings the victim as above and acquired 2 million won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to replys to requests for investigation cooperation;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of fines;

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

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;