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(영문) 서울서부지방법원 2014.08.13 2014고단1469
사기
Text

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

except that 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

In fact, the Defendant did not have a certain occupation or income, and did not receive a loan from a financial institution in a normal way due to the lack of the fact that the Defendant owned an apartment in the name of the Defendant, despite the fact that he was unable to obtain a loan from the financial institution, the Defendant conspired with the nameless fraudulent loan Brers, entered false work information, and thought to receive a loan from the financial

On May 29, 2013, the Defendant was working in the D Co., Ltd. in Gwangjin-gu Seoul Special Metropolitan City as a company that was made by the Bromoer for fraudulent loans in false name, and was working in the D Co., Ltd. in the name of the Defendant with respect to No. 103 and No. 1102 of the F apartment 102 during Ansan-si, and was working in the name of the Defendant as if the present tenant did not have the present tenant, and prepared an application for the loan, and submitted a false certificate of employment, a false certificate of all the registered matters as to No. 103 and No. 1102 of the F apartment 102 of the Seoul Special Metropolitan City, and submitted a copy

As above, the Defendant, by deceiving the victim as above, was remitted from the victim KRW 97 million around June 7, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A certified copy of a register, a certified copy of receipt, a copy of each letter, and a copy of the certificate of loan transactions (handling fees);

1. Application of the Acts and subordinate statutes on the written accusation;

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] general fraud category 1 (less than KRW 100 million) and the basic area (not less than six months to one year and six months) (no special person);

2. Although the sentence of this case is not good, the confession of the defendant and his depth is divided, the defendant has agreed with the victim, and the profits that the defendant acquired by the crime of this case are minor.

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