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(영문) 부산지방법원 2016.05.25 2015고단3584
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On June 2010, the defendant will receive a loan from a person who is unable to know his name in the vicinity of the Busan High-dong community service center in Busan High-gu.

The loan shall be granted at least 30% of the loan to the maximum extent possible with the knowledge of our country on the basis of the certification of seal imprint, resident registration, etc., and the loan shall be granted for the following three-month period, and the other party shall file a petition for bankruptcy.

“The proposal received and accepted it.”

On July 5, 2010, the Defendant issued three copies of the certification of the Defendant’s name and the transcript of the resident registration, and delivered the name to a person whose name is unknown. Around July 6, 2010, a person whose name is unknown, through an installment financing brokerage company C, would be the victim-consigning bank, but a person in charge of capital gains would have lent KRW 13,630 per month to a person in charge of capital gains for a 36-month period.

However, even if the Defendant received the above loans, the Defendant did not intend to repay them, and did not have the ability to repay the loans because there was no particular property or income.

On July 6, 2010, the Defendant received KRW 10 million from the injured party under the pretext of a loan.

Accordingly, the defendant received property from the injured party in collusion with the person who can not know his name.

Summary of Evidence

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

1. The original register of automobile registration, such as an application form for finance and a letter of goods dealt with in the second and second installments;

1. Details of passbook transactions, etc.;

1. Details, etc. of the issuance of certificates of seal imprint, and details of provision of abstract information, such as other Eup/Myeon/Dong resident registration;

1. Investigation report (related to the suspect who files an accusation and the certificate of medical insurance);

1. Investigation report (written transfer of the relevant case and protocol);

1. Investigation report (verification of a receiver of registration of the imposition and fine);

1. A report of investigation;

1. A report on investigation (to contact with a person in charge of indial affairs by telephone);

1. Investigation reports (person in charge of telephone conversations of a lending company) (the name of the Defendant is unknown.

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