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(영문) 광주지방법원 2016.10.20 2016고정1169

사기

Text

1. The defendant shall be punished by a fine of 500,000 won;

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

Reasons

Punishment of the crime

The Defendant was absent from office at the time of receiving the following loans, and B was a person who has run loan brokerage business in the name of "D" from September 5, 2013 to "C 507 Osan City".

피고인은 대출을 받을 곳을 찾아보던 중 생활정보지(교차로 등)에 ‘D 대표:B, E 2013-4, 당일 신용대출, 300만원~1,500만원, ★무직자, 일용직, 주부, 여성, 통신연체자 가능, ★소득증빙 관계없음, ★소액대출 50-200만원, F, 이자율 월1-2.9%, 연 34.9%이내, 연체, 추가비용 없음'이라는 광고를 보고 B에게 전화하였다.

Accordingly, B proposed that the Defendant would receive a loan from a domestic well-known loan company (such as U.S. money, Edcop, R&C) in the amount of money that the Defendant wants, through false proof of employment, and that the Defendant would receive 10% of the loan at the price (fee). The Defendant conspired to obtain the loan as above with the consent of this.

According to the above public offering on December 22, 2014, the Defendant met B or consulted at a coffee shop where the trade name in the Gwangju Seocheon-dong cannot be known. On December 22, 2014, the Defendant: (a) visited and applied for a loan to the Standing Branch of the Victim PY Co., Ltd., Ltd. on the 79th floor of the previous commercial peace, the Defendant, who was in office, was in office at “G” as he informed; and (b) deceiving the employees in charge of the loan as if he actually worked as “H,” and acquired KRW 2 million from the employees in charge of the loan to the Agricultural Bank (I) under the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the victim;

1. Each investigation report, and application of Acts and subordinate statutes of the monetary loan contract;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of punishment;

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;