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(영문) 대구지방법원 2016.06.24 2014고정1263
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

In fact, the Defendant, in collusion with B, C, etc. operating an illegal loan office with the intent to obtain “Ⅱ special guarantee loan for self-employed operators”, which is a financial product exclusively used by a private financing business entity, created documents necessary for loans, such as a false commercial lease contract, business registration certificate, etc. on July 8, 2010. On the first day of July, 2010, the Defendant acquired a 15 million won from the victim’s damage by obtaining the delivery of the 15 million won from the victim’s damage, on the ground that the Defendant was actually operating the said place of business, and the said documents were prepared genuinely.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each protocol concerning the examination of suspects of public prosecution against B, C, and D;

1. Statement made by the prosecution against E;

1. Application of Acts and subordinate statutes on credit guarantee, business registration certificate, and lease contract;

1. Article 347 (1) and Article 30 of the Criminal Act applicable to the relevant criminal facts and Articles 347 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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