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(영문) 대구지방법원 서부지원 2017.08.11 2017고정312
사기
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

The Defendant intended to obtain a loan from a lending company for gambling, but he was aware of the fact that he had to obtain a loan due to low credit rating and high existing records of the loan, and he was able to obtain a loan by deceiving the lending company with good credit rating through the guarantor brokerage company.

On November 13, 2015, the Defendant entered into a monetary consumption lending contract of KRW 5 million in D Cases Co., Ltd., a victim of damage, and entered B as a joint guarantor of the above contract, on the condition that the Defendant contact the guarantor with the guarantor and divide the loan into one half of the guarantor and pay a certain fee to the said broker.

Then, the defendant made a false statement to the victim that he had known to the victim for 10 years, and B made a false statement that he had been aware of the house repair for more than 10 years, as discussed in advance in accordance with the direction of the guarantor, and the defendant A and 10 years, and submitted a guarantee contract to the person in charge of the above brokerage company, who was aware of the name, by drawing up the guarantee contract and submitting it to the victim.

However, the defendant and B are well aware of the names of each other, and there was no call once.

The Defendant, together with B, was accused of the victim, and was deposited five million won in the NongHyup Bank account (C) around that time by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of a partially public prosecutor with regard to B;

1. Statement made by the police against D or E;

1. A copy of a loan agreement for full consumption of gold;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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