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(영문) 의정부지방법원 고양지원 2015.11.19 2015고단1177
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Criminal facts

1. Around February 25, 2012, the Defendant, against the lending company, called “A” to “A credit business is operated, but no person with bad credit standing is able to use the passbook. If the Defendant borrowed the passbook, he/she would immediately repay the money and interest already borrowed, then he/she would have the account passbook in the name of C and the documents necessary for the issuance of an authorized certificate.”

On February 29, 2012, the Defendant had an account in the name of C with intent to receive a loan from the lending company in the name of C. On March 12, 2012, the Defendant: (a) called the victim Hyundai Capital Co., Ltd.; and (b) applied for a loan to the employee in charge of the above company as if the Defendant had the intention or ability to repay the loan; (c) obtained a remittance of KRW 25 million under the same day as the loan; and (d) acquired it by means of the same method on March 12, 2012; and (c) acquired KRW 14 million from the victim Samsung Samsung Card Co., Ltd., Ltd., Ltd. on March 12, 2012 from the victim Samsung Capital Co., Ltd., Ltd., and acquired KRW 20 million in total as a loan, and acquired KRW 59 million in total.

2. On June 13, 2010, the criminal defendant against the victim D calls to the victim D who worked together with the previous military forces on June 13, 2010, and the fact that the defendant did not have the intent or ability to repay the money from the victim even if he/she borrowed money from the victim, the defendant made a false statement to the victim that "if he/she operates the lending company, he/she would give a high-amount interest if he/she borrowed the money from the lending company, and then acquired it by fraud from the victim."

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. A copy of a certificate of borrowing;

1. Application of Acts and subordinate statutes on deposit certificates;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the defendant's mistake in sentencing reasons under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act.

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