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(영문) 인천지방법원 부천지원 2016.03.08 2016고단258
사기
Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant asked B, who is difficult to get a loan due to absence of a certain occupation, to ask B to get a loan. The Defendant offered “work loan” under the name of the financial institution by manipulating the details of the passbook transaction as if the Defendant had received the payment on a regular basis in the absence of the fact that the Defendant had received the payment on a regular basis in order to enable B to get the loan by receiving the above request from the Defendant.

B: (a) Around September 30, 2014, the fact that the account was closed at the end of the Dong Young-si (hereinafter referred to as the “C”), without the intention or ability to repay, shall prepare one copy of the account transaction document stating false details of the account transaction from the Defendant’s passbook (Account Number C) to the Defendant’s bank; (b) as if the account was deposited at the end of August 25, 2014 and September 25, 2014, the account was falsely stated as if the account was deposited at the end of the year; and (c) on the same day, the Defendant submitted the account statement of the account transaction document in the form of an image file to each employee in charge of the Lone Star-si Loans and the Account Deposit Bank’s deposits; and (d) on the same day, the Defendant was issued from the Defendant’s loan company 2 million won and 1 million won under the name of the Bank; and (e) on the same day, the Defendant was issued from the Plaintiff’s loan company 2,100,0 million won.

Accordingly, the Defendant and B conspired to receive a total of KRW 11 million from the victims as above.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Recording records;

1. Application of Acts and subordinate statutes on the loan documents, etc. of the complainant A, documents on application for the loan of the Company Lone Star loan, documents on application for each false transaction, documents on application for the loan of the Bank of Korea, and documents on application for the actual loan of the Nonghyup Bank;

1. Article 347 of the Criminal Act concerning criminal facts and the choice of punishment

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