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(영문) 수원지방법원 성남지원 2014.07.02 2014고단5
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is a person who operated the Internet clothing sales business chain (ju)D in Jongno-gu Seoul Metropolitan Government Adong 906.

1. On December 7, 2010, the Defendant: (a) obtained a loan under the name of E from the lending company with the intent to use the loan; (b) without authority to use the loan in the name of E; (c) around December 7, 2010, the Defendant entered “E”, “E”, “E-gu in the name of the principal in the form of the application form for the loan of Rog Capital in the name of E, “E”, “representative”, and “Y-906,” etc. in the workplace address column; and (d) forged one copy of the application form for the loan in the name of E, a private document concerning rights and obligations by signing in the name of E after stating “E” in the applicant column.

2. The Defendant: (a) delivered one copy of the application for a loan in the name of E, which was forged to G, as prescribed in paragraph (1), to a loan counselor G, who is aware of the forgery at the same time and place as that set forth in paragraph (1).

3. The Defendant, at the same time, at the same place as paragraph 1, and at the same time, in fact, did not have obtained permission from E to apply for a loan under his name, and even if the Defendant borrowed money amounting to KRW 1.2 billion, the Defendant, despite having no intent or ability to repay the money, had H, a staff member of DoD applied for a loan to the Plaintiff Company G by having her female file an application for a loan with the Defendant as E, and then, she received KRW 9 million from the victim on December 7, 2010, from the victim on deposit in the account of a national bank account (Account Number I) in the name of E.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and H;

1. A specification of transactions;

1. An application for a loan of a lot Capital;

1. Application of photographic Acts and subordinate statutes in which H prepares a loan application;

1. Relevant provisions concerning facts constituting an offense;

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