logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
집행유예
orange_flag
(영문) 부산지방법원 2012. 11. 15. 선고 2012고단8100 판결
[사기·사문서위조·위조사문서행사·대부업등의등록및금융이용자보호에관한법률위반·특정경제범죄가중처벌등에관한법률위반(사기)(인정된죄명사기)][미간행]
Escopics

Defendant 1 and four others

Prosecutor

Jeong-young, Lee Byung-hee, Kim Jin-Jeat, and Park Jong-Jak (Public Trial)

Defense Counsel

Attorneys Cho Woo-young et al.

Text

Defendant 1 is punished by imprisonment with prison labor for eight years, by imprisonment for four years, by imprisonment for three years, by imprisonment for three years, by imprisonment for three years, by imprisonment for two years and six months, and by imprisonment for five years, respectively.

Provided, That the execution of the above sentence against Defendant 5 shall be suspended for three years from the date this judgment became final and conclusive.

To order Defendant 5 to provide community service for 300 hours.

Attached seizures recorded in the General List of Seized Articles (Evidence Nos. 1 through 10, 13 through 37) shall be confiscated from Defendant 1.

Criminal facts

On August 26, 2004, Defendant 1 was sentenced to a suspended sentence of three years for attempted fraud, etc. at the Busan District Court on one year and six months, and on December 15, 2006, the sentence of the suspended sentence became effective due to the final judgment on December 22, 2006, which became final and conclusive on December 22, 2006, and was released on January 30, 2009 and passed on February 21, 2009.

피고인 1은 2009. 3.경부터 부산 부산진구 부전동에 있는 ○○오피스텔 (호수 1 생략)에 피고인 4 명의로 ‘◇◇◇대부중개’를, 같은 오피스텔 (호수 2 생략)에 공소외 1 명의로 ‘▽▽▽▽대부중개’를, 같은 오피스텔 (호수 3 생략)에 피고인 2 명의로 ‘▒▒▒대부중개’를 각각 등록·개설한 후, 같은 오피스텔 (호수 4 생략)에 별도로 컴퓨터와 전화기 각 4대 등을 설치한 사무실을 차려놓고, 피고인 2는 위와 같이 대부중개업 명의를 대여하고 사무실을 관리하는 업무를, 공소외 2, 3, 4는 허위 문서 작성 및 각종 경리 업무를, 피고인 4, 공소외 5, 피고인 5, 3 등은 대출상담 및 은행 관련 업무를 각각 담당하여 개인신용등급이 낮거나 다른 자산이 없어서 정상적인 방법으로 금융기관대출이 불가능한 사람들을 모집하여 대출에 필요한 각종 서류를 허위로 작성하여 금융기관으로부터 대출을 받도록 해주고 그 중 일부를 수수료 명목으로 대출명의자들로부터 건네받기로 하였다.

"Case Number before the Collegiate Panel of 201J 8126 (Case Number before the Collegiate Panel of Court; hereinafter the same shall apply)"

1. Defendant 1 and 2’s fraud

(a) Illegal loan fraud;

Defendant 1 and 2, around February 2010, in the above officetel (No. 4 omitted), there was a false statement in each of the following documents: (a) Nonindicted 6 (name △△△△△△△ in the name of the name of the opening) who reported the advertisement of the above living information site; and (b) Nonindicted 7 leased Nonindicted 6’s house located in the Gyeongnam-si (hereinafter address 1 omitted) in the name of the Gyeongnam-si (hereinafter address 1 omitted) in the above office with the computer installed in the above office, for two years as Nonindicted 6’s deposit money was leased in KRW 30 million; and (c) Nonindicted 6 received KRW 3 million in the real estate lease agreement with the lessor and the lessee of Nonindicted 7; and (d) receipt that Nonindicted 6 received KRW 7’s deposit money as the deposit money for

On January 1, 2010, Non-Indicted 7 worked in the Ginam Chang-si (hereinafter address 2 omitted) management office and paid income tax of KRW 31,500 by receiving KRW 2.1 million from the representative of the above management office, with the consent of Non-Indicted 8, a false copy of the "Income Tax Withholding Certificate on Class A earned income" was prepared, and submitted it to the original branch of the Health Insurance Corporation, and received the health insurance certificate illegally from the said branch.

In addition, on February 23, 2010, Defendant 1 and 2 submitted the above lease contract, health insurance card, etc. to Nonindicted 7, and submitted them to the employee in charge of loans from the victim Nonindicted 460 bank branch, and ordered Nonindicted 6 to prepare a confirmation letter that he leased the above house to Nonindicted 7 if the inspection was conducted for the examination of the loan at the above branch, Defendant 1 and 2 instructed Nonindicted 6 to prepare it. Ultimately, on February 23, 2010, in the loan application document prepared and submitted as above, Defendant 1 and 2 was deposited KRW 15 million from the victim Nonindicted 460 bank 4.60 bank account in the name of the former loan loan.

In addition, the Defendants, in collusion with Nonindicted 2 and Defendant 4, obtained a total of KRW 1.277 billion as a loan for the entire tax amount over 55 times, as shown in the attached list of crimes (1) in collusion with Nonindicted 2 and Defendant 4, and acquired it by fraud.

(b) Job-based credit loan fraud, such as the sunlight;

around March 2010, Defendant 1 and 2 conspired with Nonindicted 9, who reported the above loan advertisement and received a loan as if there was a certain place of work and income. Defendant 1 and 2 conspiredd with Nonindicted 9 to receive the loan. Nonindicted 9 was in office in Gyeongnam-si (hereinafter address hereinafter address 3 omitted) from November 2009 to February 2, 2010 and received 1760,040 won monthly salary and paid income tax of KRW 26,040, as if he received 26,040 from Nonindicted 10 by Nonindicted 10, 200, 1, 1, 2, 2, 3, 3, and 4,000 won by submitting to the Health Insurance Corporation a false certificate of qualification acquisition of health insurance income on Class A employment income, and submitted the above documents to Nonindicted 9, 461, and submitted the above documents to the employees in charge of loan loan from Nonindicted 30,461, 200.

In addition, in collusion with Nonindicted 2 and Defendant 4, Defendant 1 and 2 obtained a total of KRW 138 million in the name of credit loans in the workplace 19 times as shown in the attached list of crimes (2) by means of the above methods, and obtained a loan from Nonindicted 2 and the above Defendant 4.

2. Forgery of private documents and the display of private documents;

가. 피고인 1, 2는 2010. 8.경 위 사무실에서, 위 대출광고를 보고 전화한 공소외 11과 마치 일정한 직장과 소득이 있는 것처럼 서류를 작성하기로 공모하여, 2010. 8. 12.경 위 오피스텔 (호수 4 생략)에서 그곳에 설치된 컴퓨터로, 행사할 목적으로 권한 없이, 공소외 12에게 대출을 중개해주면서 받아 두었던 공소외 12가 운영하는 ◎◎◎◎학원에 대한 사업자등록증의 기재내용을 참고하여 마치 위 공소외 11이 2010. 6월부터 3개월간 위 음악학원의 직원으로 근무하고 매월 159만원의 급여를 받았다는 허위 내용으로 공소외 12 명의의 사실증명에 관한 사문서인 ‘근로(고용)확인서’와 ‘일용근로소득지급명세서(원천징수영수증)’ 1장씩을 위조하고, 위와 같이 급여가 공소외 11 명의의 공소외 462 은행 계좌로 매월 입금된 것처럼 기재한 공소외 462 은행 영주동 지점장 명의의 사실증명에 관한 사문서인 ‘유동성거래내역조회’ 1장을 위조하였다.

In addition, around August 18, 2010, Defendant 1 and 2 submitted forged documents at the above office to Nonindicted 11, along with the application for loan in franch, to Nonindicted 11, who is aware of such fact.

As a result, Defendant 1 and 2 conspiredd with Nonindicted 2 and 11, respectively, to forge and use private documents.

B. around August 2010, Defendant 1 and 2 conspiredd to prepare documents as if there was a certain place of work and income in the above office with Nonindicted 13, who reported the above loan advertisement, as well as as as if there was a certain amount of work and income. On October 4, 2010, Defendant 1 and 2 forged the “re-certificate of employment”, which is a private document regarding the certification of facts in the name of Nonindicted 14, and the “certificate of income tax withholding” and “certificate of income tax withholding on Class A employment income,” with the false content that Nonindicted 13 worked as an employee for four months from June 2010 and received benefits of KRW 2,200,000 per month at the e-mail market registered under the name of Nonindicted 14.

In addition, around October 8, 2010, Defendant 1 and Defendant 2 provided forged documents at the above office to Nonindicted 13 on a dry site and submitted them in a lump sum to the employees in charge of Nonindicted 15 Bank loan who are aware of the fact in the loan application.

As a result, Defendant 1 and 2 conspiredd with Nonindicted 2 and 13, respectively, to forge and use private documents.

3. Joint offenses in violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users;

No loan broker may receive any consideration for brokerage from the opposite contractual party.

Nevertheless, from March 18, 2009, Defendant 1, 2 entered the above ○○ Office (No. 4 omitted), (No. 3 omitted), (No. 5 omitted), (No. 2 omitted), (No. 1 omitted), (No. 6 omitted), and (No. 7 omitted) from the above name, Defendant 2, 4, Nonindicted 1, 16, 17, and 18, etc., running a loan brokerage business after registering the loan brokerage business, and around November 18, 2009, Defendant 19, who called for the above loan advertisement, made the above office prepare an application for the loan, and submitted a resident registration certificate from Nonindicted 19, and sent it to Nonindicted 20 Savings Bank with KRW 3 million from Nonindicted 20 Savings Bank, and received KRW 150,500,000 from Nonindicted 19.

In addition, the Defendants conspired with Defendant 4, etc. to arrange loans of KRW 31 million in total on six occasions, such as the attached list of crimes (3) and received a total of KRW 8.8 million from the other party to the transaction.

"2012 Highest 1146"

4. Defendant 1 and 2’s fraud

Defendant 1 and 2: (a) around July 2009, in the above officetel (No. 4 omitted), there was a false real estate lease agreement between Nonindicted 22 and Nonindicted 22 on the second floor of the above 21st floor of the 21st unit of the 21st unit of the 20th unit of the 21st unit of the 20th unit of the 20th unit of the 20th unit of the 20th unit of the 21st unit of the 21st unit of the 20th unit of the 21st unit of the 209 unit of the 20th unit of the 21st unit of the 2009 unit of the 20th unit of the 20th unit of the 1st unit of the 3th unit of the 20th unit of the 3th unit of the 3th unit of the 20th unit of the 3th unit of the 3th unit of the 20th unit of the 3rd unit of the 20th unit of the 1st unit of the 3th unit of the 20.

Accordingly, the Defendants received property by deceiving the victim agricultural association in collusion with Nonindicted 21.

"2012 Highest 3458"

5. Defendant 1, 2

(a) Illegal loan fraud;

Defendant 1 and 2: (a) around May 201, in the instant officetel (No. 4 omitted), there was a false real estate lease agreement in which Nonindicted 24 leased Nonindicted 23 and Nonindicted 24 as the lessor, and the lessee of Nonindicted 24, for two years, as if Nonindicted 24 leased Nonindicted 24 for a house located in the above office (the address 5 omitted) with a computer installed in the said office, which was located in the said office, for a period of 88,00 won; (b) from January 201 to April, 201, Nonindicted 24 had worked in the “I”, which was located in the place of business located in New Changdong-dong, Busan, for a period of 133,200 won and had been paid the income tax of KRW 130,200.

In addition, on May 31, 201, the Defendants submitted to Nonindicted 24 a certificate of withholding income tax on the above lease contract and Class A earned income to Nonindicted 24, and submitted to Nonindicted 460 employees in charge of the Defendant’s Changwon Branch loan and requested Nonindicted 23 to apply for the loan of the former loan. If Nonindicted 23 was the actual inspection for examining the loan at the above branch, the Defendants instructed Nonindicted 24 that the said house was leased as above. Ultimately, on May 31, 2011, the documents for the loan application prepared and submitted by falsity was deposited KRW 28 million from the Defendant’s Changwon Branch in the name of the loan of the former loan from Nonindicted 460 bank to the Agricultural Cooperative account in the name of Nonindicted 23.

In addition, in collusion with Nonindicted 2 and Defendant 4, the Defendants acquired a total of KRW 2,33,26 million by borrowing KRW 2,30,000,00 as a loan for the lease of money over 83 times, such as the list of crimes in the attached Form (4).

(b) Illegal loan fraud;

around August 2009, Defendant 1 and Defendant 2 conspiredd to open a place of business and receive a loan by Nonindicted 26, who reported the above loan advertisement, and Nonindicted 26, who had closed the place of business.

그리하여 피고인 1, 2는, 공소외 26이 2009. 8. 21.경 부산 부산진구 부정동에 있는 ○○오피스텔 (호수 8 생략)에 공소외 26 명의로 ‘◐◐◐◐기획’이라는 사업장을 설립한 것처럼 신고하여 부산진구 세무서로부터 사업자등록증을 발급받은 다음, 위 사업자등록증을 공소외 26에게 건네주고 피해자 공소외 27 신협 대출담당 직원에게 제출하여 사업자금 대출을 신청하게 하고, 위와 같이 허위로 작성한 사업자등록증에 속은 위 피해자 은행의 대출담당 직원을 통해 2009. 10. 8.경 피해자 은행으로부터 사업자금 대출금 명목으로 500만 원을 공소외 26 명의의 농협 계좌로 입금받았다.

In addition, the Defendants, in collusion with Nonindicted 2 and Defendant 4, obtained a total of KRW 78 million in the name of business loans, etc. through 11 times as shown in the attached Form (5) in collusion with Nonindicted 2 and Defendant 4 in the above manner.

6. Forgery of private documents by Defendants 1 and 2 and uttering of private documents;

Defendant 1 and 2, at the above office around May 201, conspiredd to prepare documents as if Nonindicted 24 and Nonindicted 25, who reported the above loan advertisement, had income from a certain workplace and income. On May 31, 201, Defendant 1 and 2 forged the “re-certificate of post” and “certificate of income tax withholding” in the name of Nonindicted 25, which are private documents related to the certification of fact in the name of Non-Indicted 25 and the “certificate of income tax withholding for Class A”, which are private documents, in the name of Non-Indicted 24 from January 2011 to 4 months and received KRW 8880,00,00 from Non-Indicted 25.

In addition, around May 31, 2011, the Defendants, at the above office, had Nonindicted 24 submit forged documents to Nonindicted 24, along with the loan application, and exercised them.

7. Defendant 2

Defendant 2: (a) around June 201, at the instant officetel (No. 4 omitted), recruited Nonindicted 28,29, which was known to Pyeongtaek, to obtain an illegal loan; and (b) drafted a false real estate lease agreement with Nonindicted 28, who is the lessee of Nonindicted 30, and Nonindicted 28, who is the lessee of Nonindicted 28, for two years, as Nonindicted 28, a house located in the Busan East-gu (hereinafter address No. 6 omitted), which was the birth of Nonindicted 29, was leased for 40 million won; and (c) drafted a false real estate lease agreement with Nonindicted 30, a real estate lease agreement with Nonindicted 28, who is the lessor and the lessee of Nonindicted 28, who was working in the permanent domicile of Jung-gu, Busan, for three months from April 2011, and paid KRW 126,000 with the payment of KRW 630,000 for the income tax on Class A earned income under the name of Nonindicted 31’s representative.

In addition, on June 22, 201, the Defendant: (a) submitted to Nonindicted 28 a certificate of withholding income tax on the above lease contract and Class A earned income to an employee in charge of the loan branch; (b) ordered Nonindicted 29 to the said employee that he leased the said house to Nonindicted 28; and (c) ordered Nonindicted 29 to the said employee that he leased the said house; and (d) eventually, on June 22, 201, the documents of application for loan prepared and submitted by the said false employee was deposited KRW 30 million from the said employee to the Agricultural Cooperative account in the name of the loan for the lease of the entire loan from the said employee.

"2012 Highest 4895"

8. 피고인 2는 2009. 5. 20.경 부산 부산진구 부전동에 있는 ○○오피스텔 (호수 3 생략)에서 ‘▒▒▒▒▒’라는 상호로 부산광역시에 2009-부산 부산진구-00289호로 대부업 등록을 하고 대부업을 영위하는 사람이다.

No credit service provider may lend a loan to an individual or a small corporation at an interest rate exceeding 0.122% (3.66% per month, 44% per annum) per day prescribed by Presidential Decree.

Nevertheless, around October 20, 2010, Defendant 2 loaned to Nonindicted 33 117.3% interest per annum on the condition that 14 days advance interest and 800,000 won should be paid, and Defendant 2 received interest of 948.1% per annum on the condition that 14 days advance interest and 80,000 won should be paid, and around November 2, 2010, Defendant 2 received 3.5 million won per annum on the condition that 1.5 million won advance interest and 1.5 million won should be paid to the said Nonindicted 33 3 on the condition that 1.5 million won advance interest and 1.5 million won should be deducted from the principal (1.3% interest and 1.5 million won should be deducted from the principal) on the condition that 1.3 million won advance interest and 1.4 million won should be paid to the said Nonindicted 333 on the basis that 1.4 million won per annum was paid on November 3, 2010.

Accordingly, the Defendant received interest exceeding the limited interest rate from Nonindicted 33 three times.

"2012 Highest 5483"

9. Joint principal offenders by Defendant 1 and 2

(a) Illegal loan fraud;

피고인 1, 2는 2009. 10. 초순경 위 오피스텔 (호수 4 생략)에서, 위 생활정보지 대출광고를 보고 전화를 한 공소외 34와 공소외 35의 전세자금을 부정대출 받기로 공모하고, 위 사무실에 설치한 컴퓨터로 공소외 34 소유인 부산 북구 (이하 주소 7 생략)에 있는 주택을 공소외 35가 보증금 2,500만 원에 2년간 임차하는 것처럼 공소외 34를 임대인, 공소외 35를 임차인으로 하는 부동산임대차계약서를 허위작성하고, 공소외 35가 2009. 1.경부터 2009. 10경까지 10개월간 부산 부산 진구 부전동 (지번 생략) (호수 2 생략)에 있는 사업장인 ‘▤▤▤ 인테리어’에서 근무하고 있다는 재직증명서 1장 등을 허위로 작성하였다.

In addition, the Defendants sent the above lease contract, certificate of employment, etc. to Nonindicted 35, and submitted it to the employees in charge of lending money for the victims’ agricultural branch, and ordered Nonindicted 34 to the said employees to the effect that they leased the above house to Nonindicted 35, as above, if the actual inspection was conducted for the examination of loan at the said branch, the Defendants ordered Nonindicted 34 to the effect that they leased the above house. Ultimately, on October 12, 2009, the documents for the loan application prepared and submitted in falsity was deposited in the agricultural bank account with Nonindicted 34 as the loan for the loan money from the said victims on or around October 12, 2009.

In addition, Defendant 1 and Defendant 2 conspiredd with Defendant 4, Nonindicted 5, Defendant 5, Nonindicted 3, Nonindicted 2, Nonindicted 3, and 4, and through the above method, Defendant 1 obtained a total of KRW 2 billion KRW 5,500,000,000 as a loan for lease on 71 occasions, as shown in the attached list of crimes (6) through 71, and Defendant 2 obtained a total of KRW 2,030,50,000,000,000 on 72 occasions, as listed in the attached list of crimes (6) through 72.

B. Ordinary loan fraud

around July 2009, Defendant 1 and Defendant 2 conspiredd with Nonindicted 36, who reported the above loan advertisement, and Nonindicted 36, who were employed in the workplace and engaged in normal work, to receive loans.

그리하여 피고인들은, 위 공소외 36이 2009. 1. 2.경부터 2009. 7. 17.경까지 부산 기장구 (이하 주소 8 생략)에 있는 ▲▲▲▲에 근무하고 있는 것처럼 재직증명서 1장과 소득세원천징수증명서 1장을 허위로 작성하여 공소외 36에게 건네주고 피해자 공소외 37 신협 대출담당 직원에게 제출하여 대출을 신청하게 하고, 결국 위와 같이 허위로 작성한 재직증명서 등을 믿은 위 피해자 은행의 대출담당 직원을 통해 2009. 7. 20.경 피해자 은행으로부터 대출금 명목으로 500만 원을 공소외 36 명의의 신협 계좌로 입금받았다.

In addition, in collusion with the above non-indicted 5, defendant 5, 3, non-indicted 2, 3, and 4, the defendants acquired a total of KRW 2.5 million from the name of business loans, etc. over 28 times in the following manner, such as the list of crimes in the attached Form (7).

(c) Forgery of private documents and uttering of falsified investigation documents;

피고인들은 2009. 10. 초순경 위 사무실에서, 위 대출광고를 보고 전화한 공소외 35와 마치 일정한 직장과 소득이 있는 것처럼 서류를 작성하기로 공모하고, 위 오피스텔 (호수 4 생략)에서 그곳에 설치된 컴퓨터로, 행사할 목적으로 권한 없이, 공소외 1에게 대출을 중개해 주면서 받아 두었던 공소외 1 명의의 ‘▤▤▤인테리어’에 대한 사업자등록증의 기재내용을 참고하여 마치 위 공소외 35 2009. 1.경부터 2009. 10경까지 10개월간 부산 부산진구 부전동 (지번 생략) (호수 2 생략)에 있는 사업장인 ‘▤▤▤ 인테리어’에서 근무하고 있는 것처럼 ▤▤▤인테리어 대표 공소외 1 명의로 재직증명서 1장 위조하였다.

In addition, in early October 2009, the Defendants submitted forged documents at the above office to Nonindicted 35, along with the loan application form for the NAN branch loan.

(d) Violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users;

No loan brokerage company may receive any consideration for brokerage from the opposite contractual party.

그럼에도 불구하고 피고인들과 공소외 2, 3 등은 2009. 3.경부터 위 ○○오피스텔 (호수 4 생략), (호수 3 생략), (호수 5 생략), (호수 2 생략), (호수 1 생략), (호수 7 생략)호를 옮겨 다니며 피고인 2, 4, 공소외 1, 16, 17, 18 등의 명의로 위와 같이 대부중개업 등록을 하여 대부중개업을 영위하면서, 2010. 1. 12.경 대출광고를 보고 대출을 받기 위해 전화를 한 공소외 38로 하여금 대출신청서를 작성하게 하고 대부업체인 ■■■■에 팩스로 송부하여 공소외 38이 ■■■■로부터 100만 원을 대출받을 수 있도록 중개하고 대출금의 10%인 10만 원을 중개수수료 명목으로 교부받았다.

In addition, Defendant 1 and 2 conspired with Nonindicted Party 2, etc. to arrange a loan of KRW 270 million over 95 times, such as the attached list of crimes (8) and received a total of KRW 3058,000 from the opposite contractual party.

10. Joint-crimes by Defendants 4, 3, and 5

(a) Illegal loan fraud;

Defendants, and Defendants 1 and 2 (Court Decision on November 21, 2011), etc.: (a) around February 2010, the above officetels (No. 4 omitted); (b) opened a public offering to obtain illegal loans from Nonindicted 6 (name △△△△△), Nonindicted 7, and the former loan; and (c) as Nonindicted 7’s house located in the above office-based head-si (hereinafter address 1 omitted) with a computer installed in the above office, leased KRW 30 million for two years, Nonindicted 6’s lessor, and Nonindicted 7’s lessee, and Nonindicted 6’s permanent certificate of employment that Nonindicted 7 received KRW 3 million as employment income tax deposit; and (d) prepared a false statement of permanent employment certificate that Nonindicted 6 received KRW 3 million from Nonindicted 7 as employment income tax deposit; and (e) submitted a false certificate of employment of KRW 501,000,000 to the Health Insurance Corporation’s branch office with the income tax on KRW 201,00,000.

In addition, the Defendants and the above Defendants 1 and 2, etc. submitted the above lease contract, health insurance card, etc. to Nonindicted 7, and submitted them to the employees in charge of loans from the victim Nonindicted 460 bank 460 bank, and ordered Nonindicted 6 to prepare a confirmation letter that they leased the above house to Nonindicted 7 as above, if they were to inspect the loan at the above branch, and eventually, they received KRW 15 million from the victim bank as the loan loan for the loan loan around February 23, 2010 through the above employees in charge of loan loan.

In addition, in collusion with Defendant 1, 2, Nonindicted 2, 3, and 4, Defendant 4 obtained a total of KRW 2.36 billion through 6, 10 through 100, 187, and 190 in all 98 times as shown in the attached list of crimes (9), Defendant 3 obtained a loan of KRW 5.177 million in total over 1.8 times, and Defendant 5 obtained a total of KRW 77 million through 7.77 million in the attached list of crimes (9) through 186, as described in the attached list of crimes (9), from 7.7 to 81, 188 to 189, all of them obtained a loan of KRW 1.76 million in total over 75 times as a loan for all tax years.

(b) Ordinary loan fraud;

around March 2010, Defendants 1 and 2, etc. conspired with Nonindicted 9, who had reported the above loan advertisement and received a loan as if they had a certain place of work and income. Nonindicted 9 was working in the △△△△ Group (hereinafter address 3 omitted) from November 2009 to February 2010, and received 1760,040 won monthly salary and paid income tax of KRW 26,040, as if he received 176,000 for each month from Nonindicted 10 representative director, the △△△△△△’s “re-issuance certificate” and “income tax withholding certificate on Class A earned income” were falsely prepared to submit it to the Health Insurance Corporation and submitted it to Nonindicted 9 along with the above documents, and had Nonindicted 461 Bank Changwon applied for a re-loan loan to the employee in charge of the loan of the victim Nonindicted 461 Bank in the name of the victim 300,000 won. Ultimately, it received the above loan deposit from the Defendant 3614.

In addition, in collusion with Defendant 1, 2, etc., Defendant 4 obtained a total of KRW 282 million through 40 times as shown in the attached Table (10) Nos. 7 through 45, and 57, Defendant 3 obtained a loan of KRW 48 million through 56 times as shown in the attached Table Nos. 1 through 56, and Defendant 5 obtained a total of KRW 170 million through 29 times as shown in the attached Table Nos. 1 through 29.

(c) Forgery of private documents and uttering of falsified investigation documents;

(1) 피고인들과 피고인 1, 2는 2010. 8.경 위 사무실에서, 위 대출광고를 보고 전화한 공소외 11과 마치 일정한 직장과 소득이 있는 것처럼 서류를 작성하기로 공모하여, 2010. 8. 12.경 행사할 목적으로 권한 없이, 공소외 12에게 대출을 중개해주면서 받아 두었던 공소외 12가 운영하는 ◎◎◎◎학원에 대한 사업자등록증의 기재내용을 참고하여 마치 위 공소외 11이 2010. 6.경부터 3개월간 위 음악학원의 직원으로 근무하고 매월 159만 원의 급여를 받았다는 공소외 12 명의의 사실증명에 관한 사문서인 ‘근로(고용)확인서’와 ‘일용근로소득지급명세서(원천징수영수증)’ 1장씩을 위조하고, 위와 같이 급여가 공소외 11 명의의 공소외 462 은행 계좌로 매월 입금된 것처럼 기재한 공소외 462 은행 영주동 지점장 명의의 사실증명에 관한 사문서인 ‘유동성거래내역조회’ 1장을 위조하였다.

In addition, at the above office around August 18, 2010, Defendants, 1, and 2, etc. submitted forged documents to Nonindicted 11 in a lump sum to Nonindicted 39 employees in charge of the loan of the Agricultural Cooperative, who are aware of such fact, along with the loan application.

As a result, the Defendants conspired with Defendant 1, 2, and Nonindicted 2, etc. to forge the private document and to use the forged private document.

(2) On August 2010, the Defendants and the aforementioned Defendants 1, 2, etc. conspired to prepare documents as if Nonindicted 13 and Nonindicted 13, who called the said loan advertisement, had a certain place of work and income, and forged one copy of the “certificate of re-employment” and “certificate of income tax withholding on Class A’s employment income” with the purpose of exercising authority around October 4, 2010, at the 2010 management report, which was registered under the name of Nonindicted 14, the said Nonindicted 13 were an employee for the period from June 2010 to April, and received KRW 2,200,00 for each month.

In addition, around August 2010, Defendants 1, 2, etc. submitted forged documents at the above office to Nonindicted 13, along with the loan application form for the loan to Nonindicted 13, who is unaware of such fact.

Accordingly, in collusion with the Defendants and the Defendants 1, 2, and 2, each forged private documents and exercised them respectively.

(d) Violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users;

No loan brokerage company may receive any consideration for brokerage from the opposite contractual party.

그럼에도 불구하고 피고인들과 위 피고인 1, 2는 2009. 3.경부터 위 ○○오피스텔 (호수 4 생략), (호수 3 생략), (호수 5 생략), (호수 2 생략), (호수 1 생략), (호수 7 생략)호를 옮겨 다니며 피고인 2, 4, 공소외 1, 16, 17, 18 등의 명의로 위와 같이 대부중개업 등록을 하여 대부중개업을 영위하면서, 2010. 1. 12.경 대출광고를 보고 대출을 받기 위해 전화를 한 공소외 38로 하여금 대출신청서를 작성하게 하고 대부업체인 ■■■■에 팩스로 송부하여 공소외 38이 ■■■■로부터 100만 원을 대출받을 수 있도록 중개하고 대출금의 10%인 10만 원을 중개수수료 명목으로 교부받았다.

In addition, the Defendants conspired with Defendant 1, 2, and Nonindicted 2, and Defendant 4 mediated loans of KRW 192 million over 59 times in all 59 times as shown in the annexed Table (11) Nos. 4 through 62, and Defendant 3 received a total of KRW 16.4 million from the opposite contractual party, and Defendant 3 arranged loans of KRW 3.3 million over 100 million through 101 times in all 100,000 from the opposite contractual party, and Defendant 5 arranged loans of KRW 39.3 million in total from the opposite contractual party, and Defendant 5 received KRW 16.5 million in total from the opposite contractual party, over 27 times in the annexed Table (11).

Summary of Evidence

1. Defendants’ legal statement

【Facts 1, 2, and 3 at the Market】

1. Defendant 1, Nonindicted 2, and Nonindicted 2’s suspect interrogation protocol for prosecution

1. Defendant 1, Defendant 5, Nonindicted 2, Nonindicted 40, Nonindicted 2, Nonindicted 4, and Nonindicted 3’s protocol of interrogation of the police officer

1. Copies of the police interrogation protocol against the defendant 3 and 2;

1. The police statement of Nonindicted 41 and 42

1. Each e-mail protocol;

1. Statement of seizure of each police;

1. Investigative report (Evidence Records 201 Highest 8126 Cases, 1st 248 pages, 5th 1795 pages);

1. A loan transaction agreement (excluding public prosecution 40);

1. Details of transactions by passbooks (Nonindicted 40);

1. a certificate of employment, a copy of business registration certificate, a statement of daily earned income, a certificate of deposit transaction, a statement of loan transaction, a statement of request of each financial transaction details, a letter of request, a field photograph, a list of workplace subscribers and a deposit passbook, a statement of 90 items, a statement presumed to have been deposited in a deposit passbook, a statement of commitment, a copy of each lease contract, a certificate of confirmation (Nonindicted 463), and a statement of deposit transaction data;

1. The full-time fund, a copy of the protocol of the borrower and the data on account tracking (a book one to ten books);

【Fact 4 at the Time of Sales】

1. Examination of the suspect against the defendant 1 and 2 by the prosecution;

1. The police suspect interrogation protocol against Defendant 2, Nonindicted 21, and 22

1. Investigation report (Submission of suspect Nonindicted 21's account details)

1. A list of basic information on the debtor, a copy of the real estate lease contract, and a list of health insurance coverage data and transactions;

【Facts 5, 6, and 7 at the Market】

1. Examination of the suspect against the defendant 1 and 2 by the prosecution;

1. Defendant 1, Nonindicted 2, Nonindicted 4, 2, and 3’s protocol of interrogation of a police officer

1. A copy of the police interrogation protocol against Nonindicted 29

1. Loan documents, etc.;

1. A copy of the suspect's protocol, etc. related to the defendant 1's assault (one to four books);

【Fact 8 at the Time of Sales】

1. Police suspect interrogation protocol against Defendant 2

1. Investigation report (to attach a copy of the victim’s statement statement Nonindicted 33 and a document submitted by the victim);

1. The credit business registered at the Busan exists-gu Office;

【Facts 9 and 10 at the Time of Sales】

1. An interrogation protocol of the suspect against the defendant 1, 2, or 4 by the prosecution;

1. 피고인들 및 공소외 43, 44, 45, 46, 47, 48, 49, 50, 9, 51, 14, 52, 53, 54, 6, 55, 56, 13, 57, 58, 59, 60, 61, 62, 63, 64, 65, 7, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 63, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 19, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 123, 129, 130, 131, 132, 83, 117, 120, 121, 133, 134, 135, 122, 136, 26, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 피고인 5, 공소외 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 1, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 23, 222, 223, 224, 225, 226, 227, 228, 229, 230, 34, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 86, 319, 320, 321, 322, 323, 324, 36, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 1, 338, 289, 297에 대한 경찰 피의자신문조서

1. The statement statement made by the police against Nonindicted 111, 339, 340, 341, 342, 284, 153, 189, 25, 343, and 337

1. Copies of the police interrogation protocol regarding Nonindicted 344, 345, and 106

1. A written statement prepared by Nonindicted 346

1. Investigation report (2012 Highest 5483 pages 187, 18, 590, 20 pages 1489),

1. A copy of each real estate lease agreement;

1. A copy of the confirmation of each lease agreement (non-party 161, 171, 162, 122, 347, 196, 324, 348, 173, 349, 267, 350, 231, 266, 225, 264, 261, 276, 272, 353, 293, 284, 354, 167, 355, 315, 301, 356, 357, 101, 358, 359, 360, 361), a copy of the lease investigation report (non-party 21, 355, 147);

1. A copy of each loan application (excluding public prosecution; 43, 44, 49, 50, 51, 14, 52, 11, 53, 53, 13, 57, 61, 67, 68, 69, 74, 76, 81, 84, 88, 90, 341, 348, 363, 263, 297, 248, 261, 263, 297, 248, 263, 106, 106, 114, 364, 118, 124, 125, 126, 127, 318, 319, 318, 316, 247, 294, 106, 106

1. A copy of each loan transaction agreement (Nonindicted 364, 26, 138, 365, 155, 172, 167, 178, 200, 215, 257, 223, 227, 229, 234, 270, 277);

1. Each loan document (Nonindicted 11, 48, 9, 28, 113, 363, 318, 322, 323, 36, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 387, 389, 389, 390, 390, 391, 394, 394, 41, 3641, 385, 384, 394, 397, 394, 397, 394, 394, 394

1. Details of each transaction (excluding public prosecution; 54, 84, 85, 86, 87, 87, 90, 91, 93, 94, 95, 97, 101, 417, 105, 109, 4122, 123, 83, 841, 84, 363, 47, 47, 248, 47, 47, 47, 363, 48, 47, 47, 47, 447, 47, 47, 248, 363, 47, 447, 947, 47, 247, 3647, 948, 149, 154, 420, 1728, 194, 2748

1. Copies of each certificate of employment (Nonindicted 64, 171, 172, 174, 175, 178, 180, 211, 215, 192, 257, 222, 226, 227, 229, 232, 233, 234, 245, 245, 248, 262, 263, 457, 270, 272, 273, 275, 291, 297, 30, 289, 297);

1. 각 리스트사본, 각 대부업등록증사본, 금전소비대차계약서(공소외 106), 사진(공소외 1), 사업자등록증사본(◐◐◐◐기획), 영수증사본(공소외 64, 161), 근보증서사본(공소외 239, 250, 299), 근로고용확인서(공소외 246), 시설물(예식장)사용계약서사본(공소외 288), 디지털증거분석결과회신 등, 소득세원천징수증명서

1. Data for tracking accounts (one to 13 books);

【Prior Records at the Time of Sales】

1. Criminal records and investigation reports on the records of evidence in the case of 2011 Highest 8126 cases and on the 2067 pages (report on the confirmation of the facts of punishment);

Application of Statutes

1. Article applicable to criminal facts;

○ Defendants

Articles 347(1) and 30(2) of the Criminal Act, Articles 231, 30(each fraudulent means), 231, and 30(each private document is used), Articles 234, 231, and 30(each private document is used) of the Criminal Act, Articles 19(2)6 and 11-2(2) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 30 of the Criminal Act (the receipt of brokerage commission from the opposite contractual party to whom each loan is granted)

○ Defendant 2

Articles 19(2)3 and 8(1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users.

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (Mutual Crimes of Uttering of Relevant Private Document listed in paragraphs (2), (6) and (3) of this Article)

1. Selection of punishment;

Each Imprisonment Selection

1. Aggravation of repeated crimes (Defendant 1);

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code

1. Suspension of execution (Defendant 5);

Article 62(1) of the Criminal Act

1. Order to provide community service (Defendant 5);

Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.

1. Confiscation (Defendant 1);

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

1. The instant case received a loan from a financial institution by allowing the Defendants to prepare a false lease agreement for the ordinary people who are not eligible to obtain a loan from a financial institution, or submitting a forged document as if they were working places allowing a normal repayment of a loan. In light of the frequency, period, method of crime, scale of damage, damage recovery, etc. of the instant crime, the liability for the instant crime is not weak in light of the frequency and period of the instant crime.

2. The Defendants posted an advertisement “credit loans on the day of the financial right, private financing users, excessive visitors, and short-term employees loans,” in various living information areas. The Defendants trusted the above advertisement, and transferred the loan to the white people in such a way as above in favor of and finding the lending company, thereby passing it over to the criminal. As above, the Defendants, solely on the ground that they submitted false documents to the financial institution, provided that the amount equivalent to 30% of the amount of the loan was acquired as a fee and reverted to the lending obligor, thereby leading the ordinary people living in the old spot to bring it up twice.

3. Due to the instant case, the loan of a pre-tax loan and the years of years prepared by the State was not properly used for the people in need of a normal loan, and the amount of damage incurred by illegal loan is eventually no choice but to be attributed to the general public. However, the profits acquired by them are not significant, and the Defendants did not make any effort to recover from damage.

4. Defendant 1 was not the one for which the execution of imprisonment for the same crime was completed, and Defendant 1 took into account the motive, background, and degree of participation of the other Defendants, taking into account various sentencing conditions, such as the Defendants’ age, character and conduct, environment, and circumstances after the commission of the crime, etc., and the sentencing guidelines for the organized fraud crime [the sentencing guidelines for multiple crimes (not less than five billion won, less than 30 billion won) between 2 and 16 months, and not more than 16 months, and not more than 2, according to the "special adjustment of the sentencing guidelines and the range of recommended sentencing guidelines for the sentencing guidelines" in the area of the mitigation of the type of punishment of the type of the type of the group of the group of the group of the group of the group of the group of the group of the group of the group of the group of Defendant 2, Defendant 4, Defendant 3, and Defendant 5 shall be determined by taking into account the type of the group of group of crimes (not less than one year and not more than five years).

[Attachment]

Judges already appointed

arrow