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(영문) 부산지방법원 2020.07.23 2020고단2152

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 24, 2019, the Defendant applied for a loan to the Victim B Co., Ltd. by telephone (ARS C) and agreed to repay the principal and interest at 10.98% per 15 months interest rate, and received a loan of KRW 24 million.

However, the Defendant, at around 14:16, borrowed KRW 5 million to D, KRW 15 million to E at around 14:57, and KRW 19.3 million to F at around 15:06, extended a loan from a victimized company under the status that the Defendant had already exceeded the personal credit limit. Since the instant loan, at the same time, extended a loan of KRW 25 million to G at the same time on a total of five occasions during a half-year period, such as borrowing at the same time after the instant loan, there was no intent or ability to repay the loan normally even if the Defendant received the loan as above.

Nevertheless, around June 24, 2019, the Defendant, by deceiving the damaged company as above, acquired money from the victimized company to the H Bank account (I) in the name of the Defendant from H Bank account in the name of the Defendant and acquired it by money.

Summary of Evidence

1. Defendant's legal statement;

1. Application of accusation forms, credit card transactions, basic credit information, loan information, and overdue information-related Acts and subordinate statutes;

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

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that the defendant is against the defendant, the defendant appears to have been in need of urgency due to health deterioration, etc. at the time of the crime in question, the repayment of the above loan prior to prosecution was agreed with the victimized company, the defendant's work and repayment of other loans has been restored from February 2, 2020, there was no record of criminal punishment after the same power and the same kind of loan, and there was no record of criminal punishment after February 198, and other various sentencing conditions shown in the argument