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(영문) 의정부지방법원 2014.11.26 2014고단1595

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

Around July 2013, the Defendant: (a) around the Defendant’s workplace located in Seongdong-gu Seoul Seongdong-gu Seoul; (b) provided D with a loan of KRW 30 million at the rate of 9.4% per annum on a loan rate of KRW 30 million to 9.4%; and (c) applied for a loan to repay it after one year; and (d) prepared and submitted a false commitment to the effect that “no other financial institution has applied for a loan.”

However, from July 5, 2013 to July 8, 2013, the Defendant applied for a loan of KRW 32,7230,000,000,000 to other financial institutions for about 2.5 times the Defendant’s annual salary. At the time, the Defendant’s salary did not have the ability to pay the amount normally even if he borrowed money from the victim.

Ultimately, the Defendant received KRW 30 million from the victim to the Defendant’s national bank account on July 8, 2013.

Summary of Evidence

1. The defendant's partial statement in court (the denial of a crime committed by letter);

1. Part of the police interrogation protocol of the accused [excluding the part acknowledged as fraud]

1. Statement to E by the police;

1. In regard to the circumstances acknowledged by the aforementioned evidence that the defendant had no intention to commit the crime by deception, the defendant and the defense counsel in the form of a loan transaction application, a written agreement, a letter of commitment, a credit information inquiry, and the defendant and the defense counsel in the certificate of employment did not have the intent to commit the crime. However, in other financial institutions prior to three days prior to the receipt of the loan from the victim, the defendant provided a loan of KRW 224 million to the victim by promising that "it was not loans from other financial institutions on a one-day basis" even if the defendant received a loan from the victim on three occasions before the date of the loan from the victim, thereby obtaining a loan of KRW 30 million from the victim. In addition, even though the defendant promised within 15 days after the receipt of the loan, the defendant borrowed KRW 100,000 from other financial institutions on