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(영문) 대구지방법원 김천지원 2019.08.22 2019고정162
무고
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On January 15, 2019, the Defendant was sentenced to eight months of imprisonment for fraud in the Daegu District Court Kimcheon Branch, which became final and conclusive on April 18, 2019.

[Basic Facts] The Defendant is a person who intends to obtain a loan through B for financing, and B is a loan broker who assists in obtaining a loan by pretending to purchase a scambling machine.

Around May 2017, the Defendant and B made it difficult for the Defendant to obtain a loan due to a large amount of the Defendant’s debt, and around May 2017, B made necessary documents under the Defendant’s name and proposed to obtain a loan as a fund for the purchase of dumfsing machines, and consented by the Defendant. The Defendant prepared various documents, such as a license for dumfsing machines and a certificate of seal impression necessary for the loan, and attempted to obtain a loan by using it to carry out the procedures necessary for the loan, such as making a business registration under the Defendant’s name and opening an account.

On August 23, 2017, the Defendant, at a multilateral point near Daejeon High-speed Bus Terminal located in Daejeon, presented a license of excavation license prepared in advance by employees E working for the D company, which is an affiliated shop of C company, to obtain a loan for the purchase of scambling period from C company, and presented a business registration certificate and account details related to scambling machines, etc., and made a false payment after concluding a loan contract for scambling period on condition of KRW 290,000 for purchased goods, KRW 70,000 for vehicles price, KRW 20,000 for vehicles price, KRW 50,000 for principal charges, KRW 50,000 for installments, and KRW 60 for installment period, KRW 1,084,629 for monthly installments, and KRW 60 for installment payment.

However, even if the Defendant and B receive a loan under the name of the purchase price for the scambling season, the loan was planned to be used individually, and there was no idea to purchase the scambling season, and there was no intention or ability to repay the loan, and there was no fact that the Defendant operated a business related to the scambling season.

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