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(영문) 인천지방법원 2013.07.22 2013고정1474
사기등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On January 20, 2012, the Defendant: (a) stated in the written consent for inquiry of personal (credit) information at the entrance of the Nam-gu Incheon Metropolitan Government B apartment; (b) stated in D on January 20, 2012, the written consent for the provision of personal (credit) information; (c) stated D in D on January 20, 2012, the written consent for the collection and use of personal (credit) information, and written as D on January 20, 2012, in the written consent for the collection and use of personal (credit) information.

Accordingly, for the purpose of exercising the rights and obligations of D, the Defendant forged the consent form for personal information inquiry, the consent form for personal information provision, and the consent form for collection and use of personal information.

2. The Defendant, as seen above, submitted the forged private documents to the employees of the ASEAN Credit Business Agency on the seventh floor of the Seocho-gu Seoul Metropolitan Government 19-1 Hayman Building, as if they were the documents duly formed.

3. Fraud;

A. On January 20, 2012, the Defendant did not have the intent or ability to repay even if the victim D (years 22) was granted a loan for the Defendant.

Nevertheless, the Defendant stated that “The Defendant would make a full payment by February 25, 2012, on the face of the principal loan of KRW 2 million in the name of the victim,” and caused the victim to believe it.

Accordingly, the defendant, by deceiving the victim and immediately obtaining a loan of 2 million won from the LIBS loan company in the name of the victim, was received, and took property benefits equivalent to the same amount.

B. On January 20, 2012, the Defendant, as indicated in paragraph (1) of the same Article, submitted a forged written consent to an employee of the lending company specified in paragraph (2) to obtain a loan of KRW 1.5 million in the name of the victim and acquired it by defraudation, etc., thereby gaining financial benefits of KRW 3.5 million in total.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of the police statement law to D;

1. The corresponding criminal provisions of the Criminal Act concerning the facts of crime; and

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