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(영문) 대구지방법원 2017.02.10 2015고정2166

사기

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The Defendant created documents necessary for loans, such as a false commercial lease agreement, business registration certificate, etc., through B, C, etc. operating an illegal loan office with the intent to obtain a “loan for Special Guarantee for Self-Employed Financial Instruments,” which are financial instruments of ordinary people, even though he/she did not operate his/her own business and did not have an intent or ability to operate the business, and around May 13, 2010, the Defendant was issued KRW 10 million from the victim under the name of the loan around the time when he/she got out of the victim’s actual place of business.

Accordingly, the Defendant conspiredd with the above B, etc., and received the above money from the victim by deceiving the above victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Copy of each protocol concerning the examination of suspect B, D, and E by the prosecution;

1. Part concerning the statement F or G in the third prosecutor's examination protocol against B

1. Statement made by each prosecutor to H and I;

1. Investigation report (referring to the number of years and advice on the special guarantee loan for self-employed persons);

1. Investigation report (the report on confirmation of the amount of loans borrowed from the Saemaul Treasury);

1. Requesting cooperation in investigation (requesting a borrower to verify whether loans are repaid and any accident occurs);

1. Application of Acts and subordinate statutes to a credit guarantee application (recommendation), a business registration certificate, and a real estate lease contract;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and Article 30 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is to be determined as per Disposition by taking into account the following: (a) the Defendant’s profits acquired by the instant crime; and (b) the Defendant’s repayment of the Defendant’s outstanding loan amounting to KRW 2.5 million to the Defendant to request the Defendant to take into account the circumstances; and (c) the Defendant’s submission of a letter of confirmation to the effect that the injured party would request the Defendant to take into account the circumstances.