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(영문) 수원지방법원 2017.12.14 2017고정2182
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

Although the Defendant and B did not have the intent or ability to repay the loan even after receiving the loan from the financial institution, the Defendant and B offered to obtain the loan by submitting false documents for the loan examination.

B At around November 2015, the fact was not found in Suwon-si, even though it did not have worked in C, despite the absence of the nameless loan Bracker B submitted a false certificate of employment, etc. as if B was in office in C, as a loan examination document, to the original register of the victim New-riwon Co., Ltd., and applied for a loan. On the 23th of the same month, the victim’s employee was in office in C. The defendant provided a joint guarantor guarantee for the above loan application at around that time, and the defendant said that he was in office in B while promising the employee in charge of the damaged person as a joint guarantor.

On November 23, 2015, the Defendant conspired with B, by deceiving the victim, and received 4 million won from the victim to the national bank account in the name of B as a loan.

Summary of Evidence

1. A protocol concerning the examination of the suspect of each police officer against the defendant or B;

1. Statement made by the police against D;

1. Complaint;

1. A loan contract, joint and several guarantee contract, and certificate of employment (B);

1. Application of Acts and subordinate statutes governing deposit without passbook;

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the selection of fines for the crime;

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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