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(영문) 인천지방법원 부천지원 2014.11.07 2014고단2249

사기

Text

A defendant shall be punished by imprisonment for six 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

On August 26, 2013, the Defendant made a false statement to the effect that “D Hospital” is the Defendant’s workplace located in Seocheon-gu, Seocheon-gu, Seoul and submitted an application for loan transaction with the content that the Defendant would obtain a loan of KRW 30 million from the said insurance company to E in charge of lending of KRW 30,000 from the said insurance company and repay it in full after one year.” The Defendant made a false statement to the effect that “No other financial institution may file an application for a loan with another financial institution as of August 27, 2013, which is the time of loan implementation, and no other financial institution may obtain a loan in duplicate

However, in fact, since the Defendant had a debt amounting to KRW 170 million at the time, the Defendant did not have the intent or ability to repay the principal even if receiving a loan from the victim, and even if the Defendant applied for a loan from another financial institution under the credit information system of a financial institution, the records cannot be inquired of for 2-3 days on the same day, taking advantage of the fact that the Defendant was unable to ask for a large amount of additional loans from the Korea Scld World Bank, and there was no intention to comply with the terms and conditions of the loan as agreed by the Defendant.

On August 27, 2013, the Defendant received a loan of KRW 30 million from the victim to the bank account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes of an application for loan transaction, a letter of undertaking, and credit information inquiry;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (all circumstances such as the confession of a crime and the reflective behavior, the repayment to the victim of eight million won up to the present time, and the first offender);