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(영문) 대구지방법원 2014.02.14 2013고정2249
사기
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

In fact, the Defendant did not operate his own business and did not have the intention or ability to operate it, the Defendant created a false commercial loan contract, a false commercial loan contract, business registration certificate, and other documents necessary for loans through B, etc. with the intent to obtain a “Ⅱ Special Guarantee Loan for Self-Employed Financial Products”, which is a financial product exclusively used by the ordinary people, by the bank. On May 7, 2010, the Defendant acquired the amount of KRW 15 million from the victim, who was a loan manager, from the victims' Saemaul Community Fund office located in the Yedongdong-gu, Daegu-gu, Seodongdongdong-gu, Seodong-gu, Seoul, and acquired the money from the victim as a loan on June 7, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning B and D;

1. Investigation report (to be accompanied by materials received from community credit cooperatives in connection with illegal brokerage loan), investigation report (to be accompanied by materials for mediation of loan made in B), and investigation report (to be reported on the confirmation of the amount of loan borrowed at the community credit cooperative);

1. Application of Acts and subordinate statutes to applications for credit guarantee to Daegu Credit Guarantee Foundation;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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