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(영문) 인천지방법원 2015.08.17 2015고정2515
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On January 16, 2015, the Defendant was sentenced to three years of imprisonment by the Incheon District Court for a violation of the Punishment of Violences, etc. Act (a violation of group, deadly weapons, etc.), and the said judgment became final and conclusive on April 28, 2015.

On October 29, 2013, in collusion with B, the Defendant applied for the credit loan to the workplace by deceiving the Defendant as an employee of the enterprise located in Seocheon-gu Seoul Special Metropolitan City, Busan Special Metropolitan City C through the Internet homepage of Ldcop Co., Ltd. at an unsound place.

However, the facts were that the defendant was not an employee of the above D, and there was no intention or ability to repay even if he was given a loan.

Therefore, the member received 3 million won from the victim to the single bank account in the name of the defendant from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Each police statement of E and F;

1. Details of loan payment, details of benefit passbook, and electronic data on bonds management;

1. Previous convictions in judgment: Results of case search, and application of Acts and subordinate statutes of one copy of judgment;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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