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(영문) 인천지방법원 2018.12.20 2018고정1831
사기
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal record] On January 19, 2017, the Defendant was sentenced to six months of imprisonment for fraud, two years of suspended execution, etc. at the Incheon District Court, and the judgment became final and conclusive on January 27, 2017.

[2] On July 2015, the Defendant: (a) knew that the Defendant was seeking to obtain a loan from the victim B through an irregular loan brokerage company; (b) but, due to low credit rating, the Defendant was able to obtain a loan only when there is a joint and several surety for the four insurance companies; and (c) had the female as a joint and several surety, and had the victim receive a loan from the victim company.

On July 6, 2015, the Defendant applied for a loan of 4 million won to the victim company at a disadvantage below Incheon City, and prepared a joint and several surety transaction contract under the name of C as if the said C jointly and severally and severally guaranteed the above loan obligation, and submitted a written confirmation of acquisition and loss of health insurance qualification in the name of the female.

However, in fact, the defendant had C's identification card, etc. without obtaining C's permission for the above loans from the above C, thereby preparing C's contract for joint and several guarantee transaction at will. At the time, the personal debt, such as bonds, etc., was reduced to KRW 30 million, and there was no certain income or special property, and there was no intention or ability to repay the loan from the victim company even if the defendant received the loan from the victim company.

As above, the defendant deceivings the victim company and obtained 4 million won as a loan from the victim company on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. A complaint, a copy of a contract for joint and several surety transactions, a copy of the deposit statement of loans, a trading ledger, a copy of a resident registration certificate A, a statement of deposit and withdrawal transactions, a copy of a C resident registration certificate (netly 27), a certificate of acquisition and loss of health insurance qualifications, a certificate of payment of long-term health insurance premiums, a certificate of total registered matters

1. Each investigation report (round 5, 14);

1. A previous conviction in judgment:

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