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(영문) 대구지방법원 2015.09.08 2015고단2644

사기

Text

1. The defendant A shall be punished by imprisonment with prison labor for ten months and imprisonment with prison labor for one year and two months; and

2.Provided, That this judgment shall not apply.

Reasons

Punishment of the crime

On March 2013, the Defendants knew that they were unable to obtain a loan of financial rights in a normal way, and had known that they were aware of that they could not obtain a loan of financial rights in a normal way, paid 30% of the loan to Defendant B as a fee and received the loan.

Defendant

A delivered a resident registration certificate, a certified copy of resident registration, a cellular phone, a new bank passbook, and the Nong A CF card to Defendant B through Defendant B. On March 2013, 2013, the above CF card was forged by Defendant A’s health insurance qualification acquisition certificate under the name of the president of the National Health Insurance Corporation, and the health care insurance premium payment certificate, respectively. On March 15, 2013, A made a false statement as if Defendant A had a qualification for a loan by facsimile to employees under the name of the victim Korean SCF Capital Corporation without knowledge of the fact.

However, Defendant A did not have a certain occupation at the time, such as he did not work for the Gangnam Construction Co., Ltd., and was aware that he was unable to receive the above loan under his name, and even if he was given the loan, he did not have the ability to repay the loan. Defendant B was aware of the above circumstances of Defendant A, who received the loan using the name of Defendant A, and had a debt of 60 million won or more at the time, and did not have the intent or ability to repay the loan even if he received the loan.

Nevertheless, on March 15, 2013, the Defendants transferred KRW 30 million to the Agricultural Cooperative Account in the name of Defendant A as a loan from the above victim company around 17:54 on March 15, 2013.

The Defendants received a total of 60 million won from March 19, 2013 under the same name in the same manner as indicated in the attached list of crimes, from that time until March 19, 2013.

As a result, the Defendants conspired to induce victims to receive goods.