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(영문) 부산지방법원 2016.11.04 2016고정2803
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The Defendant agreed to receive a loan from the social loan to be used by the victim corporation Ombroker, the Defendant, who prepared all necessary documents for the loan in the name of the Defendant and applied for the loan in the name of the Defendant, and the Defendant would pay the loan to the loaner.

Around May 15, 2015, a loan hub, the name of which is unknown following the above public offering, submitted a loan transaction agreement under the name of the defendant, stating that "5 million won shall be paid for 60 months from the date of lending, and the principal shall be repaid in lump sum on May 15, 2020," and related documents, such as a forged value-added tax tax base certificate, etc., to an employee in charge of the victim's name who is unable to identify the victim's name. On the same day, the defendant received a remittance from the victim's bank account under the name of the defendant for a loan, 5 million won from the victim's trust that the above related documents are genuine.

Accordingly, the defendant was provided property by deceiving the victim company in collusion with a loan hub with which the name of the defendant is unknown.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Statement to C by the police;

1. Complaints of social loans sent to stock companies;

1. Payment receipt;

1. Application of Acts and subordinate statutes, such as a statement on the results of transfer, a certificate of liability, a loan transaction contract, written consent, a value-added tax base certificate (D), and a business registration certificate

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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