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(영문) 부산지방법원 2015.11.05 2015고단5488
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

After the Defendant became aware of the so-called “work loan” business operator who received a loan from a financial institution by forging documents, etc. through site search, the Defendant conspiredd with the above business operator B, C, etc. on July 31, 2013, and applied for a loan by submitting a false business registration certificate, etc. as if the Defendant was operating a mobile phone book sales store in the name of “D”.

However, the Defendant did not run the above "D" workplace, and even if having received the loan, the Defendant did not have the intent or ability to pay the principal and interest normally.

Accordingly, the Defendant, in collusion with B and C, by deceiving the employees of the said Nonghyup Bank, and received 30 million won from the employees belonging thereto on July 31, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (No. 7 and 9 No. 1 of the evidence list);

1. Application of Acts and subordinate statutes on loan application, credit transaction agreement, business registration certificate, credit guarantee issuance slip of a regional guarantee foundation, loan and payment statement of interest;

1. Article 347(1) and Article 30 of the Criminal Act regarding criminal facts, Articles 347(1) and 30 of the Criminal Act regarding the selection of punishment, the methods and nature of the crime in this case are inferior to the punishment of imprisonment and the amount of fraud, and the victim's property damage has not been recovered: Provided, That the punishment as ordered shall be determined by taking into account the following factors: the defendant does not have any power to commit the same kind of crime, and the defendant's age, character

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