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(영문) 대전지방법원 2014.08.21 2013고정2421
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On July 5, 2013, the Defendant was sentenced to four months of imprisonment for a crime of fraud at the Daejeon District Court on July 5, 2013, and the judgment became final and conclusive on November 1, 2013.

On December 28, 2011, the Defendant gathered to obtain a loan from a lending company by submitting a false certificate of employment with E and F, which was found to obtain a loan from a “D” office operated by the Defendant in Seo-gu Daejeon, Daejeon, Daejeon, by submitting a false certificate of employment, and the Defendant, subject to the payment of a part of the above loans as a fee, issued a certificate of employment to the said E, etc., stating that “E is in service from December 9, 2010 to December 27, 201,” and also notified the lending company of the telephone response guidelines at the time of obtaining the confirmation of telephone from the lending company.

E and F submitted by facsimile a certificate of employment issued in falsity at the Daejeon-gu Daejeon District Court Daejeon District Court of Daejeon, the same day, and E said that “I will pay KRW 180,000 won per day of February 1, 2016 each month to G, who is an employee in charge of the said company, for the loan of KRW 2,00,000,000,000 per annum.”

However, the facts are that E has not worked in D, and F, which is the actual use of the loan, did not have the intention or ability to repay the loan due to the lack of any special income at the time.

Accordingly, the Defendant, in collusion with E and F, by deceiving G, who is an employee of the victim, and by deceiving it from the victim to the account in the name of E under the same day, acquired KRW 2 million from the victim.

Summary of Evidence

1. Legal statement of witness E;

1. Police suspect interrogation protocol regarding F;

1. Application for loan or certificate of employment;

1. Previous convictions in judgment: Application of the Act and subordinate statutes governing criminal records, reply reports, and Daejeon District Court Decision 2012Da3784 Decided July 5, 2013;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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