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(영문) 대구지방법원 서부지원 2018.04.17 2017고정603
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to ten months of imprisonment with prison labor for an injury in the Daegu District Court’s Port Branch on September 22, 2016, and the judgment became final and conclusive on December 9, 2016.

[2] The facts constituting a crime, B, who intends to obtain a loan from a lending company for gambling, was aware that the credit rating of the lending company is low and that there is a good guarantor to obtain a loan because of low credit rating and high existing records of the loan, and was able to obtain a loan by deceiving the lending company as it is well as the guarantor with good credit rating through the lending company.

B, around November 13, 2015, when entering into a monetary consumption lending contract of 5 million won in D Cases Co., Ltd., the injured party, the Defendant, who was introduced, on the condition that the loans are divided into the guarantor and the company, and the certain fees are paid to the said company, entered the Defendant as the joint guarantor of the above contract.

Then, the defendant made a false statement to the victim that "the defendant was known to him for 10 years," and the defendant made a false statement to the victim that "the defendant was known to him for more than 10 years as a result of the guarantor's introduction company's prior discussion in accordance with the direction of the guarantor's introduction company," and then prepared a guarantee contract and submitted it to the victim in charge of the above introduction company who is not aware of the name.

However, the defendant and B are well aware of the names of each other, and there was no call once.

The Defendant and B, as above, deceiving the victim, received five million won from the injured party to the NongHyup Bank account (C) around that time.

Accordingly, the defendant was given property by deceiving the victim in collusion with B.

Summary of Evidence

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Protocol concerning the examination of suspect B by the prosecution;

1. Each police statement made to D or E;

1. A complaint, a copy of the specifications of transactions, and a copy of a lending and borrowing contract;

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