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(영문) 서울중앙지방법원 2015.08.27 2015고단1104

사기

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 28, 2013, the Defendant applied for a loan to the victim’s future pet life to repay personal obligations arising from the investment loss, etc. of the fund at the first floor coffee shop at the lending company’s future head office in Jung-dong Seoul, Jung-gu, Seoul.

The loan was a credit loan based on the defendant's credit that worked for the KGC Ginseng Corporation at the time and had an annual revenue of at least KRW 50 million, and could not have excessive loans in light of its income.

Accordingly, the Defendant was confirmed as to whether to apply for additional loans from the victim, and the Defendant again requested for loans from other financial institutions while applying for loans from the victim, and submitted to the victim a confirmation letter stating that “I will not intend to obtain the loans again once again,” and that “I will repay loans from other financial institutions within 15 business days after the date of execution of the loan from the next five business days before and after the execution of the loan from the next five business days from the date of execution of the future deposit life,” and that “I will also write down the confirmation letter to the victim that “The current status of the loan application from other financial institutions” in the confirmation letter is “no corresponding.”

However, around June 27, 2013, the day before the filing of the above loan application, the Defendant borrowed KRW 69.3 million from Hana Bank and KRW 15 million from Hanan Life Insurance. On July 1, 2013, after the filing of the above loan application, the Defendant had already been taking the procedure to obtain loans of KRW 23 million from Hyundai Capital on July 1, 2013, and was actually receiving KRW 23 million at the same time.

Nevertheless, on June 18, 2013, the Defendant obtained a loan of KRW 8.3% per annum by deceiving the victim and 40 million on the condition of maturity 1 year, as if the Defendant attempted not to obtain any loan from the victim other than the loan from the victim at the above place, and acquired it by deceiving the victim.

Summary of Evidence

1. The defendant's partial statement 1.1.