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(영문) 창원지방법원 2014.12.16 2014고단2261
사기
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On November 25, 2010, the Defendant was sentenced to a suspended sentence of ten (10) years of imprisonment with prison labor for fraud, etc. in the Suwon District Court’s Ansan Branch on November 25, 201, and the said judgment became final and conclusive on December 3, 2010.

The Defendant: (a) intended to obtain a loan to pay a sexual fund to the “Large Jin-ri,” but was unable to obtain a loan as an unqualified; (b) the Defendant: (c) intended to establish a business place with the trade name “D” at a place where Gwangju City is unknown to obtain a loan from the victim Gwangju Bank; and (d) conspired to close the place of business and pay part of the loan as a brokerage fee in spite of no intention or ability to actually start a business in the Internet NAV, which was an intermediary for fraud loan that was known by searching the word in the word “D”); and (c) subsequently, (d)

On January 22, 2010, the Defendant, together with C, submitted necessary documents, such as a business registration certificate, to a person in charge of loans from the victim bank, as if he/she were a normal place of business, as well as a business registration certificate. The Defendant was transferred KRW 20 million from the victim bank to the Gwangju Bank (E) account.

Accordingly, in collusion with C, the defendant deceivings the victim bank, and received 20 million won from the victim bank, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol regarding C;

1. Details of passbook transactions, business registration certificate, and credit transaction agreement;

1. Previous records: Application of the defendant's legal statement and criminal records records to the Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

2. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

3. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

4. The reason for sentencing under Article 62-2(1) of the Criminal Act of the community service order [the scope of recommendations] is general fraud.

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