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(영문) 대전지방법원 2013.04.17 2012고단4302
사기등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 15, 2009, the Defendant was sentenced to ten months of imprisonment for a crime of fraud, etc. in the Daegu District Court Port Branch Branch Branch, and the period of parole was expired on December 24, 201 in the execution of the sentence, and on February 23, 201, the parole period was expired. On January 11, 2012, the Daejeon District Court sentenced two years of imprisonment for a crime of fraud, etc., and the judgment became final and conclusive on January 19, 2012.

The Defendant, who did not have the intention or ability to repay the loan, obtained a copy of C’s resident registration, a certified copy of resident registration, and a certificate of seal impression using C’s driver’s license that he acquired with the intention or ability to obtain the loan from C in the name of C using the same.

On March 23, 2011, the Defendant, using a mobile phone (D) opened under C’s name at a place where the location is unknown, calls to an employee in charge of lending three-party mutual savings banks, and informs the Defendant of his/her resident registration number as if the Defendant was C, and makes a false statement that the Defendant would repay the principal and interest for six months on loaning KRW 5,00,000. A copy of C’s driver’s license necessary for the loan, one copy of resident registration, one copy of resident registration, one copy of resident registration, one copy of resident registration, one copy of resident registration, and one certificate of personal seal impression, submitted to the person in charge of the said victim by facsimile, and received KRW 5,192,810 from the said victim on March 24, 2011 as a loan, under the name of the Agricultural Cooperative (E) account in the name of the said victim.

Accordingly, the defendant illegally exercised a copy of C's driver's license in the name of the Commissioner of the Gyeongbuk Police Agency, and acquired the loan amount of KRW 5,192,810.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A copy of the request data, official document, copy of loan application, certificate of personal seal impression, copy of resident registration certificate, abstract, copy of identification card, and copy of the passbook of the Agricultural Cooperatives Federation;

1. Copy of the judgment of the Daejeon District Court;

1. Investigation report (verification of loan application method);

1. Previous records of judgment: Criminal records, etc., and the application of Acts and subordinate statutes shall be made;

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