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(영문) 대구지방법원 2016.07.13 2016고정888
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In fact, the Defendant, in collusion with B, C, etc. operating an illegal loan office with the intent to obtain “Ⅱ special guarantee loan for self-employed operators”, which is a financial product exclusively used by a private financing business entity, created documents necessary for loans, such as a false commercial lease contract, business registration certificate, etc. on June 2, 2010. On June 2, 2010, the Defendant: (a) made a false statement that the Defendant was operating the said place of business; and (b) received KRW 10 million from the victim on July 2, 2010 from the victim to receive a false statement of the said documents; and (c) obtained the delivery of KRW 10,000,000 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect by the prosecution against B, C, and E;

1. Statement made by the prosecution against the F;

1. Application of Acts and subordinate statutes on credit guarantee, business registration certificate, and lease contract;

1. Article 347 (1) and Article 30 of the Criminal Act applicable to the relevant criminal facts and Articles 347 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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