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(영문) 광주지방법원 2014.02.13 2013고단6414

사기

Text

A defendant shall be punished by imprisonment for one month.

Reasons

Punishment of the crime

[criminal power] ① On June 29, 201, the Defendant was sentenced to imprisonment with prison labor for one year and a fine of three million won for the crime of forging private documents at the Gwangju District Court on July 11, 201, and the judgment became final and conclusive on July 23, 201, ② On November 23, 2011, the Gwangju District Court sentenced imprisonment with prison labor for one year and six months and a fine of one million won for a violation of the Punishment of Violence, etc. Act (a collective, deadly weapons, etc.) at the Gwangju District Court on February 18, 2012, and the said judgment became final and conclusive on May 30, 2012. < Amended by Act No. 11408, Sep. 6, 2012>

【Criminal Facts】

On January 18, 2011, the Defendant: (a) had the victim C, who was aware of a daily work in the employee recruitment room, take advantage of the fact that the victim C, who was aware of a daily work, reads or reads the writing, obtained a loan in the victim’s name; and (b) had the victim open an agricultural cooperative deposit passbook (D) at that time; and (c) had the victim receive and keep the deposit passbook in the name.

Around February 28, 2011, the Defendant made the victim enter the name, resident registration number, and signature of the victim in a loan transaction agreement with the content of lending three million won from Lonecop Co., Ltd. on the part of the victim at the F office located in Nam-gu, Nam-gu, Gwangju.

However, even if the defendant received a loan under the name of the victim and received the loan, he did not have any intention or ability to deliver the loan to the victim or to repay the principal and interest, in the idea that he will use it as his card price and living expenses.

As such, the Defendant, by deceiving the victim, had the victim obtain a loan from the Ldcop Co., Ltd. as above, and acquired the loan amount of KRW 3 million with the above agricultural bank deposit passbook that the Defendant kept.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and G;

1. A copy of a loan transaction agreement;