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(영문) 대구지방법원 2018.08.29 2018고정595
사기
Text

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

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

Reasons

Punishment of the crime

On July 2010, the Defendant applied for a loan by submitting a real estate lease agreement with the victim C Saemaul Cooperative Office located in the Seocho-gu, Daegu Franman, as if he operated the "E" business, and prepared a false real estate lease agreement with D agent, who is in charge of the loan. However, the Defendant did not have any intent or ability to operate the self-business even if he/she borrowed the "gysium" as an exclusive financial product for ordinary people.

Nevertheless, on August 3, 2010, the defendant deceivings the victim as above and was delivered KRW 10 million as a loan to the injured party.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of loan hub rulings), an investigation report (referring to reports related to the submission of additional data by the Daegu Credit Guarantee Foundation);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

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

1. The sentencing conditions indicated in the record, such as the Defendant’s age, sexual conduct, environment, motive and circumstance after the crime, etc., are determined as ordered in light of the following: (a) the fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act was not completely recovered; (b) the Defendant has three previous offenses; (c) the Defendant’s reflection of the fact; and (d) the Defendant’s resistance to the punishment; and

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