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(영문) 서울중앙지방법원 2020.05.14 2020고정5
사기
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, as the clients have become difficult to borrow money in a normal way, requested C, D, E, etc. to use a forged employment certificate and a false car transfer certificate, etc. to apply for the “F” loan, which is the goods of borrowed money, and to pay the price in the name of the fee after receiving the loan.

On February 21, 2018, the Defendant filed an application for a loan of the borrowed car purchase fund with a false statement stating that the Defendant is “the Defendant is in office in M” and “D and E” in the form of a forged M representative’s employment certificate, stating that the Defendant is “the Defendant is in office in M” and that the Defendant is in office in M” and that the Defendant used a forged M representative’s employment certificate and submitted a forged M representative’s employment certificate.

As above, the Defendant, in collusion with C, D, and E, by deceiving a person in charge of loans from the victim bank, received KRW 15 million from the victim bank on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against D or E (Evidence Nos. 34, 44, 48);

1. Statement of the N in the police station;

1. An investigation report (in case of persons who request a loan of Table 2, the investigation matters and the prosecution of materials for such persons);

1. Loan transaction agreement, loan consultation and application form, essential written consent, additional agreement, certificate of employment, business registration certificate, automobile registration certificate, and each automobile transfer certificate (Evidence No. 28, 36) for the execution, etc. of contract;

1. Application of each crime sight table and each motor vehicle transfer certificate (Evidence Nos. 46,48), crime sight table and each service certificate (Evidence List No. 49);

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of punishment;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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