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(영문) 부산지방법원 2015.07.09 2014고단6256
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On March 2012, the Defendant searched the method of receiving a loan through the Internet site, and prepared to identify the documents related to the loan from the person who was not the name. Accordingly, the Defendant suggested that the bank will take part of the amount of the loan received if he acted as the person who received the loan, and decided to receive the loan by applying for the loan from the bank.

On March 28, 2012, the Defendant submitted a loan application form, loan transaction agreement, credit guarantee application form, credit guarantee agreement, credit guarantee agreement, and credit guarantee agreement, and filed an application for KRW 60,00,000 for household loan loan, to the person in charge of the loan of the victim's household loan to the person in charge of the loan of the above Gangnam-gu branch in Gangnam-gu, Seoul, 823-21, Hannam branch office of Han Bank, Han-gu, Seoul, a bank's (ju), a certificate of employment, a certificate of income withholding, a payment statement, a resident registration statement, a certified copy, a copy of resident registration, and a receipt of down payment to the above person in charge of the loan of the

However, even if the victim applied for a household housing loan, the defendant did not intend to use the borrowed money as the money necessary for the loan contract, and did not have worked in the State.

As above, the Defendant, by deceiving a person in charge of loans from the victim company, received KRW 60 million from the victim to the account of the lessor B on April 6, 2012, and then cancelled the lease contract with the said landlord B, received KRW 56 million from the said B to be remitted to the account of the Defendant, and withdrawn KRW 37 million from the said date to the account of the Defendant, and paid to the person in charge of personal injury, and received the share of KRW 19 million to the Defendant.

Accordingly, the defendant, in collusion with the above person who was not aware of the name, deceiving the victim and deceiving the victim, thereby deceiving 60 million won.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. An application for a loan and a letter;

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