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(영문) 수원지방법원 성남지원 2015.03.06 2015고정26

사기

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Although the Defendant did not have the intent and ability to repay the loan even after receiving the loan from the victim future life insurance company, the Defendant had attempted to deceive the victim by using the fact that the loan content applied to the financial institution takes approximately three days as of the business day to confirm other financial institutions, and then to defraud the loan.

On June 7, 2013, the Defendant: (a) at the Sungnam-si, Seonam-si, Seonam-si, 246-6, Seo-gu, Seo-gu, Seo-dong, 246-6, Seo-gu, Seowon Life Insurance Center; (b) from June 5, 2013 to June 6, 2013, filed an application for a loan of KRW 20 million with the Bank; (c) approximately KRW 19.2 million with the Bank of Korea; (d) approximately KRW 13.577 million with the Bank of Korea; and (d) KRW 15.35 million with HK Mutual Savings Bank; and (e) filed an application for a loan of KRW 205,5350,00 with the borrower under the name of the victim’s new account; and (e) applied for a divided loan of KRW 200,000 with the consent of the victim to obtain the loan overlapping with other financial institutions than the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application for a loan transaction, an agreement on loan transaction, a letter of undertaking, and the application of each Act and subordinate statutes of the Credit Information Council;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) 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;