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(영문) 의정부지방법원 고양지원 2013.09.26 2013고단1030
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From January 27, 1996 to June 12, 2013, the Defendant has been engaged in the business of credit and receipt by a bank as an employee of the counter of a bank from the victim (hereinafter referred to as the "victim") bank.

In spite of the fact that the Defendant did not obtain the permission from C Bank customer D, the Defendant had the intent to obtain the loan under the name of D and use the loan for personal use. On July 12, 2006, at the (State) C Bank F branch in Goyang-si, Goyang-si, the F branch of C Bank, stated “D”, “application for loan” and “application for bank transaction” as “D” and “this0 million won” in the loan amount column as “D” and “this million won”, and deceiving the victim by arbitrarily signing D’s name on the name side. The Defendant forged the loan transaction agreement, etc. in the name of D by means of arbitrarily signing D on the name of the F branch, and had the person in charge of the lending and the head of the branch.

The Defendant obtained the loan limit of KRW 20 million from the victim in the name of D, and acquired the loan limit of KRW 15:49 on the same day from the Cbank account in the name of D (G) approved for the loan, to the Agricultural Cooperative account in the name of H (I) in the name of the Defendant at around 15:49 on the same day, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Complaint;

1. Details of transactions (D, A) and transactions of passbooks by period;

1. The application of statutes to each bank transaction application, each letter of loan transaction, and each copy of loan application;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (Fraud and Selection of Fine);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the sentencing of the provisional payment order is that the defendant's act of forging and using the documents for lending application by customers as bank source and obtaining unfair loans is a serious illegal act that undermines the trust and order of financial transactions, and thus, the defendant is a primary offender, and the amount acquired through the above crime is around that time.

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