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(영문) 대구지방법원 2018.04.26 2017고단517
사기등
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

On December 7, 2011, the Defendant was sentenced to imprisonment with prison labor for six months at the Daegu District Court for fraud, and on December 15, 2011, the judgment became final and conclusive.

1. On November 2, 201, the Defendant drafted one copy of a loan transaction agreement in the name of “C”, “D”, “YYE”, “C”, and “C” in the column of members of the personal credit information inquiry written consent, “C” in the column of members of the personal credit information, “C”, and “C” in the column of members of the personal credit information use consent form, and “C” and “C” in the column of members of the personal credit information use consent form, and then signed “C” in the “C”, “C” and “C” and “C”, respectively, with the aim of using the written consent form for the loan transaction agreement form.

2. The Defendant, at the time and place specified in paragraph 1, submitted an agreement on a forged loan transaction to the “Iluria loan” lending staff who is aware of the forgery, by facsimile, as if the agreement was duly formed, at the time and place specified in the said paragraph.

3. The Defendant, without any intent or ability to repay even if he/she was granted a loan, was aware of the completion of the construction in the same manner as described in paragraphs 1 and 2, and by deceiving the victim’s “victim’s (state) loan” loan manager, and was issued KRW 3 million as the immediate loan, under the pretext of the immediate loan.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of the witness C in part of the third public trial protocol;

1. Loan transaction agreement (State loan);

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), Article 347(1) of the Criminal Act, and the choice of fines, respectively;

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 Code of Aggravation of Concurrent Crimes;

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