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(영문) 대구지방법원 서부지원 2015.01.15 2014고단1619
사기
Text

A defendant shall be punished by imprisonment for six 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

On September 30, 2010, the Defendant issued a business registration certificate with regard to C, stating the Defendant’s completion of the loan application as if it was operating the “C” in Daegu-gu, Daegu-gu, and submitted it together with a business registration certificate with regard to C, at the office of A&W branch, a partner in charge of the victim’s social company 207-12, which was affiliated with the victim’s Republic of Korea.

However, even though the Defendant did not operate the steel store even around August 2010, the Defendant was sentenced to a fine as above by obtaining a false business registration as to another steel store and submitting its business registration certificate, etc. to the bank. The Defendant did not operate the steel store as a false business registration to obtain a heavy and non-commercial loan in the same way, and did not prepare for living expenses due to the absence of any property. Even if the Defendant borrowed a heavy and non-commercial loan with the help of an illegal credit service provider, the Defendant received 7.6 million won out of the loan from the said credit service provider and received the loan from the said credit service provider, and thus, the said credit service provider did not have any intent or ability to repay the loan even if he received the loan from the victim.

As such, the Defendant deceivings the employees in charge of the above loan and received 18 million won as a loan from the victim on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of one recording book and recording CD;

1. Relevant Article of the Criminal Act and Article 347 (1) of the Criminal Act (Selection of Imprisonment) concerning the crime;

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