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(영문) 대구지방법원 서부지원 2012.10.17 2012고정1284
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 shall be one day.

Reasons

Punishment of the crime

On September 14, 2010, the Defendant: (a) around the end of the Incheon Bupyeong-gu subway Station, received a loan consultation from a loan hub with which his name is unknown; and (b) paid half of the loan fee if the loan is performed; and (c) around October 14, 2010, around the Gyeonggi-gu, Incheon Bupyeong-gu, Seoul, the Defendant offered a loan to receive a loan by using the said documents. On October 14, 2010, the Defendant: (a) around the Gyeonggi-do, Gyeonggi-do, Inc., Ltd., Inc., Ltd., Ltd., on the first floor; (b) around the Gyeonggi-do, Inc., Ltd., Ltd., Ltd.’s Gyeonggi-do, Inc., Ltd., Ltd., on the first floor; (c) obtained a

On the same day, the defendant applied for a loan of KRW 8 million to an employee in charge of loan of a victim company who cannot know his/her name at the Gyeonggi Solomon Loan Center, and submitted the above loan broker's certificate of employment, copy of passbook, and written confirmation of the eligibility for health insurance.

However, the Defendant did not have worked in “B” as stated in the above certificate, etc., and the above certificate of employment and the copy of the benefit passbook were prepared by false means.

As a result, the Defendant conspired with a loan hub with a name-free loaner, deceivings the staff of the victim company, and he was transferred KRW 7,659,630 from the victim company to the Defendant’s post office account around October 19, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes of a loan application, letter by credit account, credit guarantee agreement, certificate of employment, copy of passbook, and written confirmation of eligibility for health insurance;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 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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