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(영문) 춘천지방법원 원주지원 2016.06.14 2015고단609
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 2010, the Defendant: (a) filed a false loan application with the victim Aju Capital Co., Ltd. operating a financial business with a consumer installment in Gangseo-gu Seoul Metropolitan Government 6 dong 1094 for the purchase price of a high-speed clateral loan; (b) obtained a proposal from the victim and conspired to acquire money from the victim.

On October 21, 2010, the Defendant applied for a loan of KRW 38,000,000 to the loan employee B as security at the office of the above Ash Capital Co., Ltd., the Defendant submitted a national health insurance certificate, a construction machinery transfer certificate, and a national technical qualification certificate to the effect that, on December 2, 2010, the Defendant was working in Ah Capital Co., Ltd. and employed C as a licensed owner of construction machinery as a construction machinery pilot.

However, in fact, there is no fact that the Defendant purchased the above sofaging machine or employed the sofaging technician, and there is no fact that the Defendant worked in Efagion Co., Ltd., and all of the relevant documents were false materials received from the nameless borrower. Furthermore, the Defendant did not have any property owned at the time and there was no particular occupation, and even if he received the above loans, he did not have the intent or ability to repay it.

Nevertheless, the Defendant was transferred KRW 38 million on the same day from the above Aju Capital Co., Ltd. to the non-bank account designated by the Defendant.

Accordingly, the defendant, in collusion with the wounded, led to deceiving the victim capital company and acquiring pecuniary benefits.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to D or E;

1. Investigation report (to hear statements C by a witness);

1. Notice of transfer of claims;

1. A copy of the agreement on loans for motor vehicles (construction machinery);

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