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(영문) 서울남부지방법원 2016.05.26 2014고합413 (2)
영리유인등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 24, 2014, the Defendant was sentenced to a suspended sentence of two years for a period of ten months for fraud, etc. at the Seoul Western District Court, and the said judgment became final and conclusive on January 1, 2015.

The Defendant, B, C, and D (hereinafter “Defendant, etc.”) used a false marriage report between B and E to receive and divide “main and subsidiary loans” in the name of E, and the Defendant conspired to conduct as if they were E.

1. On July 10, 2014, at the residence of the Defendant, C, and D located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu around July 10, 2014, the Defendant, using his/her mobile phone, sent a call to the call center for social loans created by the victim proba using the victim’s mobile phone, thereby having him/her borrow a loan by putting his/her name, resident registration number, etc., as if he/she were E.

was made.

Since then, B, D, and the Defendant: (a) sought a loan transaction agreement in the name of E and filed an application for the loan under the name of E, by finding the victim professional loan office near the Yeongdeungpo-gu Seoul Metropolitan City Yeongdeungpo-gu square (On the other hand, C was aware of the fact at the time of the application for the loan; and (b) received part of the loan including this case from B after having known the fact at the time of the application for the loan. However, in fact E did not consent to the above loan, and did not have any ability to understand it due to intellectual disability; and even if the Defendant, etc. received the loan as above, he did not have the intent

Defendant

The victim professional loan company was transferred KRW 3 million on the day by the victim professional loan company.

2. On July 11, 2014, at the place indicated in paragraph (1) around July 1, 2014, the Defendant applied for a loan by accessing the victim mountain and the website of the lending stock company, and made a call with the name of the call center as if he were E and used as if he were E.

was made.

B shall prepare and facsimile the loan-related documents.

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