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(영문) 부산지방법원 2017.04.21 2016고정3766
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

1. On April 6, 2015, in collusion with B, C, D, E, and F, the Defendant: (a) forged the details of the bank account transactions in the name of the new bank under the name of the Defendant; (b) C and B, as the loan joint and several guarantors, forged the loan documents in the name of the Defendant; and (c) the Defendant signed and sealed the loan documents in the name of the Defendant as if he/she had made a normal loan; (b) B, C sent the loan documents in the name of the Defendant by facsimile to the victim H of the credit business chain in Jongno-gu Seoul, Jongno-gu; and (e) E and F, by deceiving the victim by acting as if he/she was the workplace of the nominal owner or the nominal owner of the loan; and (b) by deceiving the victim from the victim immediately from the victim, he/she acquired 4 million won under the name of the Defendant’s account passbook (Account number) from the lender.

2. On April 8, 2015, the Defendant, in collusion with B, C, D, E, and F, prepared a false loan document of KRW 5 million in the name of the Defendant in the same manner as described in paragraph 1, and transmitted it to L, M, etc. in the name of the victim by facsimile, etc., in collusion with the victim, C, D, E, and F, he/she acquired the total sum of KRW 10 million from the victims to the head of the Tong-gu in the name of the Defendant by transfer from the victim to the victim, etc.

Summary of Evidence

1. A protocol concerning the examination of the suspect of the defendant, B, or C by the prosecution;

1. A protocol concerning the examination of suspect of the police against E, F, or D;

1. Statement made to N orO by the police;

1. Police investigation report (Comparison of details of forged transactions with banks in the A name);

1. Application of Acts and subordinate statutes, such as a detailed statement of passbook transactions and a copy of each loan transaction contract;

1. Article 347(1) and 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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