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(영문) 서울동부지방법원 2018.06.28 2017고단3049 (1)
절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was sentenced to a suspended sentence of two years for a year of imprisonment on August 2, 2017 due to a violation of the Punishment of Violence, etc. Act (joint injury) at the Suwon District Court’s Pyeongtaek District Court on August 2, 2017, and the judgment was finalized on the 10th day of the same month.

[Criminal facts]

1. On May 17, 2017, the Defendant and B, and C applied for a loan to the victim OSB Savings Bank by telephone from the victim OSB bank located in Pyeongtaek-si located in Pyeongtaek-si, and the fact that C works for the victim OSB Savings Bank in the “D convenience store” although there is no occupation, it means that 1.4 million won was paid while working for the “D convenience store,” and the submission of loan-related documents, such as a false income confirmation document, was made on May 18, 2017 by borrowing 5,00,000 won from the victim’s new bank account (E) in the name of C on May 18, 2017.

2. On May 18, 2017, the victim assistance group: (a) the Defendant and B against the Savings Bank; and (b) on May 18, 2017, the victim assistance applied for a loan by telephone to the person in charge of savings bank lending; (c) the victim assistance is false as if he/she was paid 1.5 million won benefits while working for the “D convenience store” although there is no occupation; and (d) submitted the loan-related documents, such as a false income confirmation document, and its affiliated person acquired 3,00,000 won from the victim’s new bank account under C’s name on May 18, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect B or C by the prosecution;

1. Inquiry of transaction details;

1. The application of Acts and subordinate statutes to investigation reports (attached materials related to loan applications);

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order: Circumstances that are favorable to the fact that the victim acquired money from the victims in a planned manner:

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