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(영문) 인천지방법원 2017.05.12 2017고정881
사기방조
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 2009, while the Defendant consulted with the non-person in whose name the Defendant borrowed the loan, the Defendant would offer two million won in return for the lending if he/she borrowed the name to obtain a loan as security from the non-person in whose name the loan was made.

“As the proposal was received and accepted.”

However, even if the above person has obtained a loan under the name of the defendant, he/she did not have the intention or ability to repay the loan.

Accordingly, on August 4, 2009, the Defendant submitted a false certificate of employment under the name of the representative director and a false source collection receipt received from the above person (state) in the name of D, who was an employee in charge of lending the victim's anti-credit cooperative in Incheon, B, who was an employee in charge of the loan of the victim's anti-credit cooperative, and submitted the certificate of employment under the name of the representative director in Gyeyang-gu, Incheon, which was received from the above person due to the above name and received the above real estate as a security, and on the same day, the above person in the name was granted KRW 75 million from the damaged company as a

As a result, the defendant assisted the above-mentioned fraud of the above-mentioned loans by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Documents pertaining to the defendant's loan;

1. Application of the police statement protocol law to B

1. Article 347(1) and Article 32(1) of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the selection of fines;

1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)6 of the same 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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