(영문) 창원지방법원 마산지원 2019.07.05 2019고정130

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(영문) 창원지방법원 마산지원 2019.07.05 2019고정130

사기

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal power] On July 18, 2016, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Suwon District Court for four months, and the above judgment was finalized on the 26th day of the same month. On May 18, 2017, the Changwon District Court sentenced three years to imprisonment with prison labor for fraud, etc., and the above judgment became final and conclusive on the 22th day of

【Criminal Facts】

The Defendant, B, and C have obtained all of the credit rating of the victims who need a prompt loan from a third party and conspired to obtain the loan by means of obtaining the loan from the lending company by pretending the victims after obtaining the loan from the lending company or having the victims receive the direct loan.

Around December 16, 2015, the Defendant and B and C obtained a loan from the victim D with a credit rating of KRW 500,000,000 from the lending enterprise, and immediately deposited the loan from the victim’s name on December 24, 2015, by making a false statement to the effect that “A loan shall be obtained by opening a cell phone in the name of the victim and paying the loan with a full payment of the loan. To this end, a loan shall be obtained at other places, and an authorized certificate shall be obtained in order to obtain the loan, and an authorized certificate shall be created in order to obtain the loan.” On December 31, 2015, the Defendant and C received all relevant documents necessary for the loan from the victim’s name, such as a cell phone, identification card copy, authorized certificate, security card photograph, and passbook, and then deposited the loan to the bank in the name of the victim from the lending enterprise to the victim’s name on December 31, 2015.

Accordingly, the defendant, in collusion with B and C, by deceiving the victim, received a total of seven million won.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect as to C and B by the prosecution;

1. Statement made to D by the police;

1. A specification of transactions;

1. A petition filed for an investigation shall be D.

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