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(영문) 광주지방법원 2016.07.13 2016노718
사기등
Text

The part of the lower judgment against Defendant C, F, and H, excluding the part of the acquittal and the part of the application for compensation.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding and misapprehension of legal principles (1) Defendant F (A) facts constituting the crime in the judgment of the court below

3. A. Attached Form in paragraph (1).

2. As to the crime committed in accordance with the crime list (1)- (6) net time from 6 to 9, 12, 13, 16, 17, 19 to 22, 26, and 28, this part of the facts charged is that the Defendants were subjected to a loan without fault by deceiving financial institutions.

In this regard, the loan without a person needs not be proven to be in office for the implementation of the loan.

Therefore, there is no false answer to the lending institution after obtaining a false employed document from the lending institution or after obtaining a confirmation call from the lending institution.

At the time of each of the above crimes, the defendant introduced the loan applicant to the loan broker and then made it known to the loan broker to the loan broker so that the loan broker can easily obtain the loan (such as false information, etc.). Since the loan applicant only knew the loan applicant's side when receiving the loan from the loan applicant, it cannot be viewed as the defendant's act as a deception.

Even if the defendant's act constitutes a deceptive act, each of the above lending products was not information necessary for the lending institution to determine whether or not to grant a loan.

Therefore, there is no relationship between the defendant's deception and the lending institution's loan execution.

(B) Facts constituting the crime of the first instance judgment

3.2With respect to subsection (b) above:

2. Since the re-loan (2) of a crime list is a non-permanent loan and the proof of employment was not required for the execution of the loan, the Defendant did not prepare a false employed document and submit it to the lending institution in order to obtain the loan as stated in this part of the crime.

(2) As to the facts constituting the crime of Defendant G (as against the judgment of the court of first instance), in relation to the facts constituting the crime of Defendant G (as against the judgment of the court of first instance), the Defendant was merely a F’s heart.

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