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(영문) 대구지방법원 2016.11.17 2014고단6351
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around April 8, 2013, the Defendant, in collusion with the name in the name in the name in which the Defendant obtained a loan under the Defendant’s name and obtained the loan, and applied for a loan of KRW 24 million by submitting a written application for installment financing to pay KRW 1,050,600,000 every 36 months by accessing the Internet site of the Bank of Korea Standards (State) Bank of Korea to the victim, and paying KRW 5,050,000,000 for every 36 months.

However, in fact, the health insurance workplace qualification certificate and payment confirmation certificate were forged with loan blicker, and the defendant did not have the intention or ability to pay a loan normally even after receiving a loan.

As above, the Defendant, in collusion with the person who was unaware of his name, was accused of the victim, and was remitted 24 million won to the new bank passbook in the name of the Defendant on the same day.

Summary of Evidence

1. The defendant's partial statement in the third protocol of trial;

1. Statement of the police officer against AX;

1. Application of Acts and subordinate statutes to a complaint, an application for Internet loan, and a certificate of payment of long-term care insurance premium (the defendant alleged to the effect that he/she had an intent to repay the borrowed installment, but it does not affect the establishment of a crime of fraud unless he/she has

1. The relevant legal provisions on criminal facts and the reasons for sentencing under Articles 347(1) and 30 of the Criminal Act [the scope of recommending punishment] [the grounds for sentencing under Article 347(1) and Article 30 of the Criminal Act [the scope of recommending punishment] There is no basic area (6 to 16 months] [the special person] [the decision of sentencing] [the case] case is the case in which loans have been obtained by means of submitting false documents in collusion with loan slabs, and the nature of the crime is not good. The defendant committed the crime of this case while being tried for a criminal act by fraud, and the damage was not significant, and the damage was not recovered almost.

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