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(영문) 서울남부지방법원 2017.09.07 2015고단4591
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is operating a Tracker by a person who is "E (personal information not)" from Ra, and if he purchases a Tracker and entrusts E with the purchase of the Tracker, he/she will benefit from KRW 500,000,000 per month.

seeing the language to the effect that “,” and advertising to E with lending the name of the lending.

On October 9, 2012, the Defendant submitted an application for the goods financed by the Trackter under the name of the Defendant and the driver’s license of the Defendant who was forged by an unsatisfying method, to the employees in charge of modern social affairs of the victim corporation, by means of the following: (a) on October 9, 2012, the Defendant, as a debtor, received a loan from the Defendant, and prepared

However, there was no fact that the Defendant merely lent the name of the lending, but the Defendant did not have intended to repay the loan while purchasing and operating the real track, and on the same day, there was no direct verification as to the personal information of E at the first time, whether the Defendant actually carried on the track-related business, and whether he/she has the intent or ability to repay the loan, and there was no notification to the employee in charge of such fact.

Accordingly, the defendant, in collusion with E, deceiving the victim as above and obtained the delivery of KRW 75 million for the same day from the victim to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. To state part of the witness F in the fifth public trial record;

1. Statement made by the witness G in the nine-time public trial records;

1. Entry of the witness D's partial statement in the 12-time trial record;

1. Statement made by the police with regard to F;

1. A CD or record book of a naval call;

1. Application of statutes on a certified copy of register;

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

1. The Defendant and the defense counsel’s assertion regarding the Defendant’s choice of imprisonment with prison labor and the defense counsel’s assertion was determined by the Defendant and the defense counsel at the time of the instant loan.

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