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집행유예
(영문) 인천지방법원 2016.7.21.선고 2016고단3433 판결
사기
Cases

2016 Highest 343 Fraudulent

Defendant

1. ○○ (93 -2) and non-permanent,

Housing Incheon Southern-gu

Heading City, Do and Do in the place of registration

2. Kim○-○ (87 - 1), and used cars sellers; and

Seo-gu Incheon

Seoul Dongdaemun-gu

3. Long-term sales center (86 - 1), used cars sales center; and

Housing Incheon Yeonsu-gu

Reference domicile Incheon Bupyeong-gu

4. Maximum ○ (74 - 1), free of office

Housing Incheon Yeonsu-gu

Seoul Central District of Registration

Prosecutor

The grandchildren’s accommodation (prosecutions) and the good accommodation (public trial)

Defense Counsel

Attorneys Fire-fighting (Korean national ship for defendant Kim ○-○)

Attorney Jin-ju (Law Firm Jin-ju for defendant ○○)

Law Firm (Limited LLC), Attorney Kim Byung-hee

(A) A private ship for Defendant 1’s largest ○○

Imposition of Judgment

July 21, 2016

Text

Defendants shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

To order Defendant ○○ to be put on probation and community service for 80 hours.

Reasons

Criminal facts

【Criminal Power】

Defendant ○○○ was sentenced to imprisonment with prison labor for fraud, etc. at the Suwon District Court on February 20, 2014, and three years of delay of enforcement, and on February 28 of the same month, the said judgment became final and conclusive and is currently in the grace period.

[Criminal Facts]

around September 2015, Defendant ○○○ (hereinafter “○○”) offered a small loan of KRW 100 million to Defendant Kim○○ (hereinafter “○○”) to Defendant Kim○○ (hereinafter “○○”). Defendant ○○ (hereinafter “○○”) offered a loan to Defendant ○○○○ (hereinafter “○○”) and then offered a false loan to Defendant ○○○○ (hereinafter “○○”) by using a false document even without a certain occupation. Defendant ○○ (hereinafter “○○”). Defendant ○) offered a false loan to Defendant ○○○ (hereinafter “○○”). Defendant ○) offered a false loan to Defendant ○○ (hereinafter “○○”). Defendant ○○) offered a false loan to Defendant ○○ (hereinafter “○○”). Defendant ○○) offered a false loan to Defendant ○○○ (hereinafter “○○”). Defendant ○○) to Defendant ○○ (hereinafter “○○”) to Defendant ○○ (hereinafter “○○”) to use a false certificate of employment with Defendant ○○○○ (hereinafter “○○”).

On November 2015, Defendant ○○○○○ has been working for a 3rd apartment of a bank in Gyeyang-gu, Incheon, for an applicant for a loan to ○○○, a certified copy of resident registration, a certified copy of resident registration, a certificate of seal impression, a passbook in our bank, an OPT card, and a physical card, and Defendant ○○○ on the same day has opened the above documents, etc. to ○○○○○○○○○. Defendant ○○○ used one card under the name of Defendant ○○○○○, and Defendant ○○○○○ used one card, and Defendant ○○○○○○○○○ used 5-month card, and ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○. In addition, Defendant 1 and ○○○○○○○○○○○ KRW 5-month operated an account under the name of Defendant 1 and 5-month○○○○○○ account.

According to the above consecutive public offering, on February 25, 2016, Defendant 00, ○○○○, ○○○○, and ○○○○○○, upon filing an application for credit loans with an employee in charge of lending a victim’s bank at the 674 Round branch in Gangdong-gu Seoul Olympic Games, under the name of Defendant ○○○○, and Defendant ○○, upon filing a false statement to the effect that he/she is in office at the 200 Kacop, and Defendant ○○, as above, filed a false statement to the effect that he/she was in office at the 200,000 won of loans from the employees of the above victimized company (10 - 456 - 933) and received all KRW 160,000 from Defendant ○○ on February 26, 2016, 206, including the total amount of KRW 500,000,00 from Defendant 26.

Accordingly, in collusion with the ○○○○, the Defendants acquired the total of KRW 50,000 from 7 victimized companies by fraud.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol of seizure and each list of seizure;

1. An investigation report (fausee photograph of the Kakao Stockholm messages), an investigation report (fausee photograph of the Kakao Stockholm messages);

(C) The investigation report (the investigation of the suspect ○○) and the investigation report (the statement of the response to the financial warrant of the suspect ○○)

tin) In the investigation report (in the case of appending a Liber loan document)

1. A detailed statement of transactions in each passbook;

1. Records before judgment: Criminal records, etc. and inquiries inquiry reports, previous records of dispositions, and reports on results of confirmation;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

○ Defendants: Articles 347(1) and 30 of the Criminal Act (Appointment of Imprisonment)

1. Aggravation for concurrent crimes;

○ Defendants: former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Suspension of execution;

○○○○: Article 62(1) of the Criminal Act (The following extenuating circumstances are considered for the reasons for sentencing)

1. Probation and community service order;

○○○○: Article 62-2 of the Criminal Act

Reasons for sentencing

The crime of this case is a case in which the defendants conspired to conduct so-called "work loan" which obtains loans from various financial institutions by filing an application for individual rehabilitation while paying interest only for a few months after obtaining a high amount of loans from a financial institution by creating a false certificate of employment, benefit passbook, etc., and thereby, the defendants acquired loans from various financial institutions, and thereby the amount of loan limit is high through "in advance tin card tin."

A. The following facts are very secret and organized: Defendant KimO, ○○○○, and ○○○○, even though he had the record of having been punished for the crime of this case, committed the crime of this case again; Defendant ○○ did not have any record of being punished before the crime of this case; Defendant 2 paid most of the loans; Defendant 3’s age, occupation, character and conduct, environment; circumstances leading to the crime of this case; motive and motive leading up to the crime of this case; degree of participation; profits acquired in this case; and circumstances before and after the crime of this case, etc., and all the conditions of sentencing indicated in the records shall be determined in the same sentence as the order.

Judges

Judge Iseather

Site of separate sheet

List of Offenses

A person shall be appointed.

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