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(영문) 제주지방법원 2013.06.12 2013고단453
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant conspired to obtain a loan by falsely preparing various documents necessary for the loan from a financial institution under the circumstances where the loan is required due to insufficient living expenses, by recruiting those who are low in personal credit rating or who are unable to obtain a loan from a financial institution due to lack of assets, and making them obtain a loan from a financial institution, and making documents necessary for the loan and obtaining a loan by falsely preparing documents necessary for the loan from a lender under the name of the borrower.

On December 6, 2010, the Defendant received a false certificate of employment and a income tax withholding certificate from the above B’s office located in Busan District District Office B, and applied for a loan by submitting the above certificate of employment to the employee in charge of the loan of the Han Bank Seo-dong branch in Busan Northern-dong on the same day after receiving the false certificate of employment and the income tax withholding certificate.

However, the above certificate of employment was forged, and the defendant did not have worked in the above D.

As such, the Defendant was given 16 million won under the pretext of loans by deceiving the staff in charge of the victim and by the staff in charge of the victim.

Accordingly, the defendant was given property by deceiving the victim in collusion with B.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. Copy of the investigation report;

1. Application of Acts and subordinate statutes to a copy of application for loan, a copy of employment certificate, and a certificate of income tax withholding;

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

1. The Defendant’s crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act is based on a systematic and intelligent method by deceiving financial institutions, and the above fraud crime will also be distributed in addition to the direct damage to the victim.

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