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(영문) 서울남부지방법원 2018.09.19 2018고단1979

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 21, 2017, the Defendant applied for a credit loan to the Bank in Slive Savings and the Bank in Slive Savings Co., Ltd. and the employees in charge of the Bank in charge of the victim bank by telephone through a lending broker upon the request of her mother at around 1, 2017. The Defendant did not receive a loan from other financial institutions within 15 days, and the Defendant did not receive a loan from other financial institutions within 15 days.

A false statement was made.

However, in fact, the Defendant did not have the ability to repay obligations, such as financial rights, without any particular income, in addition to approximately KRW 2.5 million for monthly salary, and the Defendant did not have the ability to repay by himself. The mother also did not have any other income than KRW 1.6 million for monthly salary. On the same day, the Defendant attempted to engage in simultaneous loans at a financial institution including the victim bank, and thus, the Defendant did not have the intent or ability to repay the above loans even if having received credit loans.

Nevertheless, the Defendant received KRW 29 million from the Sim Savings Bank in the name of the Defendant from the Defendant for the same day to the national bank account (number : F) under the name of the Defendant, and acquired by transfer KRW 28.4 million from the Defendant under the name of the Defendant from the Simjin Savings Bank Co., Ltd. to the new bank account (number : G) in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and E;

1. Each complaint filed by the bank of large-scale savings banks, the bank of large-scale savings banks, respectively;

1. The application of Acts and subordinate statutes, such as receipts, credit transaction agreements, inquiries into loan account transaction records, loan examination data, and credit transaction agreements;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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. Suspension of execution;