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(영문) 부산지방법원 서부지원 2018.01.09 2017고단1502

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] On February 23, 2017, the Defendant was sentenced to a suspended sentence of one year and six months for a special injury at the Busan District Court.

3. 3. The judgment became final and conclusive.

[2] The Defendant applied for a credit loan on the condition that a loan amounting to KRW 41.5 million from the Victim Hyundai Savings Bank Co., Ltd. is changed by approximately KRW 960,000 each month between 12 months at a place where it is difficult to know the location around December 16, 2016. The Defendant received a loan examination from an employee in charge of the victim and “it is impossible to grant a loan at the time of simultaneous loan from another financial company. Whether there is a loan in progress in other financial companies or a loan already received.

“No” made a false answer to questions.

However, the defendant was already born by the defendant.

At the same time, in order to repay a loan of KRW 70 million, the parties agreed to obtain a loan from several loan companies and agreed to receive a loan from the damaged party if the simultaneous loan is in progress. At that time, not only the victim but also the victim, HK Savings Bank, Ethy Savings Bank, Industrial and Loan Companies, and C, etc., applied for a loan of KRW 108,958,500 in total or already received a loan from the lending companies, etc., and the defendant did not have any intent or ability to repay the loan even if he/she received a loan from the injured party due to the lack of the monthly repayment of the existing loan even if he/she did not pay the monthly repayment of the existing loan at the time.

The defendant deceivings the victim as above and was transferred KRW 41.5 million to the Busan Bank Account in the name of the defendant from the victim on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A credit transaction agreement;

1. Credit detailed information;

1. Inquiry into credit account records;

1. A report on investigation (attaching details of account transactions);

1. A previous conviction in judgment: