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(영문) 수원지방법원 평택지원 2013.06.27 2013고정120
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant used his mother’s personal information in Busan Shipping Daegu District of 1464-4 Lone Star and 8th century, which he was aware of the fact, committed as if he were B, and tried to obtain money after making a loan application.

On April 30, 2012, the Defendant collected money from a financial institution. On April 30, 2012, the Defendant changed one copy of the identification card, copy of the passbook, the health insurance eligibility acquisition certificate, and the original copy of the resident registration certificate, and made a false statement. The Defendant, who is aware of such fact, agreed to pay 1.5 million won per share by means of installment repayment on the 300,000 won per annum, interest 36.5% per annum, and 30,000 won per month by submitting the above materials.

However, the defendant did not have the intention or ability to repay the loan even if he received the loan from the damaged company.

Accordingly, the defendant acquired 3 million won by account transfer from the above victim company to the post office account in B's name.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement concerning C and B;

1. Application for a loan, resident registration record card (Abstract), written consent from the personal credit information inquiry, confirmation of acquisition and loss of eligibility for health insurance, and application of statutes governing the remittance details;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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