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(영문) 춘천지방법원 원주지원 2018.12.12 2017고단144 (4)
무고교사등
Text

Defendant

A shall be punished by imprisonment with prison labor for one year.

Reasons

Punishment of the crime

[criminal history] Defendant A was sentenced to ten months of imprisonment with prison labor for violating the Act on the Registration of Loan Business and the Protection of Financial Users in the Chuncheon District Court's original branch on August 23, 2017, and the judgment was finalized on February 8, 2018.

"2017 Highest 844" (Defendant A)

1. Joint crimes committed by Defendants B and A;

가. 금융기관 상대 작업 대출 사기 피고인들은 지적 장애가 있는 C 명의로 일명 ‘ 작업 대출’ 을 받아 그 대출금을 가로챌 목적으로, 피고인 B는 C에게 접근하여 대출신청을 유도하고, 피고인 A은 인터넷으로 대출신청 작업을 진행하기로 공모하였다.

Accordingly, Defendant B got access to C and obtained the consent by soliciting C to make a loan that does not know about the meaning of the loan and the obligation to repay according thereto.

In addition, although the Defendants knew that the above C was unable to live in the workplace due to intellectual disability and that there was no fixed income, in order to obtain a loan from the D Bank in the name of C, the Defendants entered C’s employment information in the name of C when applying for a loan to the damaged company in the name of C by using the Internet on October 24, 2016, and made C to the effect that there was a fixed income against the victimized company.

As above, the Defendants deceptioned the damaged company and controled by the Defendants from the damaged company in i.e., by the damaged company.

C A loan was paid in KRW 5 million with the name of the Agricultural Cooperative (E) account.

Accordingly, the defendant was given property from the damaged company by deceiving the damaged company.

B. The purpose of the victim C is to let the victim open the cell phone in the name of the victim by using the fact that the victim C has a intellectual disorder, and then sell the cell phone to the seller of the used cell phone and then gain profit therefrom.

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