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(영문) 의정부지방법원 2017.05.19 2016고단5202

사기

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On April 17, 2016, the Defendant applied for a credit loan of KRW 20,601 per month on the condition that the principal and interest of KRW 720,601 per month between the victim's savings bank and the victim's savings bank will be repaid within the Dong-nam High School located in the Republic of Korea, Dong-nam High School located in Dong-gu, Dong-si, Dong-si, Seoul, Seoul, 2016. On April 17, 201, the Defendant enticed the victim as if he would normally repay the loan.

However, in fact, the Defendant did not have any active property at the time, while paying a loan of 20 million won or more to the 200 million won or more in financial rights, etc., the Defendant paid a fixed amount of KRW 4 million or more per month to repay the principal and interest of the obligation, and paid a monthly wage alone, making it difficult for the Defendant to gradually deepen the excess of the obligation. Therefore, even if receiving a loan from the injured party, the Defendant did not have any intent

Nevertheless, the defendant acquired the loan of KRW 24.6 million from the damaged person to the new bank account in the name of the defendant on the same day.

On April 19, 2016, the Defendant made a false statement to the effect that “Around 1234, the Defendant applied for a loan of KRW 30 million to an employee in charge of lending funds to the Plaintiff Hyundai Savings Bank, Hyundai Bank, Inc., by telephone, and that “A loan of KRW 12 months is not to be paid, and no application for a loan to another lending company shall be made.”

However, the Defendant spent the amount equivalent to KRW 4 million every month to repay obligations, such as existing loans, among others with no other assets at the time. In addition, in addition to the application for loans to the victim, the Defendant applied for loans to four loan companies, such as mutual savings banks, in addition to the application for loans to the victim, and thus, the Defendant did not have any intent or ability to repay loans even if he/she received loans from the injured party.

Nevertheless, the defendant deceivings the employees of the victimized person as above and is under his control.