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(영문) 광주지방법원 순천지원 2015.07.01 2014고단2204

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around September 10, 2013, the Defendant entered into a loan agreement with D and/or 50 million won with employees of the victim’s future life insurance company at a leisure comprehensive bus terminal, which is located in the total number of units of a loan at a time 268 on September 10, 2013, and issued a letter of commitment to “I do not have any fact of having received duplicate loans from other financial institutions for the latest five days,” and “I will not obtain duplicate loans for 15 days thereafter.”

However, on September 9, 2013, the Defendant had already received a loan of KRW 100 million from Samsung Bio-resources, and immediately after receiving a loan from the victim, the Defendant thought to obtain an additional loan of KRW 200 million, and thus, there was no intent to comply with the above letter of commitment, and there was no circumstance that the Defendant’s income was difficult to repay interest on the loan, and thus, there was no intention or ability to have the victim repay the loan.

As above, the Defendant, by deceiving the victim as above, received KRW 50 million from the victim as a loan on September 11, 2013, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint;

1. A copy of the application for loan transaction, a copy of the loan transaction agreement, and a copy of promise;

1. A detailed statement and a certificate of interest payment;

1. Application of each credit information inquiry Act and subordinate statutes;

1. Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, and the accused who choose to be punished by a fine shall be punished.

However, it is difficult to view that the Defendant’s punishment by fine is a punishment corresponding to the instant crime, because it merely paid 10 million won out of the amount of damage, although it was agreed with the victim even though the Defendant, by abusing information on double loan that is not immediately provided to other financial institutions, received a loan by providing false information on it.

On the other hand, the individual rehabilitation procedures against the accused commence.