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(영문) 대구지방법원 경주지원 2014.09.17 2014고단249
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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 addition to C, the Defendant, who was aware of his knowledge, submitted false documents without think of the repayment of the loan from the lending company, and conspired to use the loan in installments.

On January 21, 2013, the Defendant and C obtained a credit loan to counselors affiliated with the victim Hyundai Capital Co., Ltd., Ltd., and made a false statement to the effect that “The 636,692 won will be paid in installments each month for the loan of KRW 15 million.”

However, the fact was that the defendant and C were false to obtain the health insurance qualification certificate, and the insurance premium payment certificate submitted by the defendant and C, and the defendant had already borne a large amount of debt, and the defendant and C had been thought to consume the loan as living expenses, etc. without the idea of making the first installment payments. Therefore, they did not have any intention or ability to repay the loan to the victim.

The Defendant and C, as above, had the victim enticed, and have been transferred KRW 15 million from the victim under the same day as the loan.

Accordingly, the defendant, in collusion with C, was accused of the victim and received property.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Each police statement related to E and F (including the defendant's statement part);

1. Application of Acts and subordinate statutes in one copy of a record of transactions by account, investigation report (comprehensive report on the whereabouts of a suspect C), individual entry and departure status, result of the search of a prisoner, inquiry conducted by an inmate, accusation, statement summary, statement statement, agreement on loan application, confirmation of acquisition and loss of health insurance eligibility, payment confirmation of long-term care insurance premiums, details of request, delegation statement, investigation report (including a record of recording, etc.

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

1. Article 62 (1) of the Criminal Act;

1. In a case where the punishment of both types of punishment [the scope of recommending punishment] under Article 62-2 of the Social Service Order Criminal Act is extremely poor in the aggravated area (1-2 years and six months) of punishment (1-100 million won or less) (1-2-6 months).

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