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(영문) 서울북부지방법원 2012.09.13 2012고정1531
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant did not have an intention or ability to repay the loan normally even if the Defendant obtained a loan from the injured party Neascart Loan Co., Ltd. (hereinafter “Neascart Loan”).

Nevertheless, on November 1, 2011, the Defendant loaned KRW 3 million by telephone from the Defendant’s office located in Seongbuk-gu Seoul Metropolitan Government to the NAD loan and made a false statement to repay KRW 135,000 per annum on July 6, 2016 by the interest rate of KRW 39% per annum.

As such, the Defendant, by deceiving a staff member in charge of the Nemanc Loan, was transferred KRW 3 million to an account in the name of the Defendant on the same day.

2. The instant evidence reveals the following: (a) the Defendant had a debt of approximately KRW 79 million at the time he/she received a loan from the NAD loan on November 1, 201; (b) the Defendant had a debt of KRW 15 million ( KRW 34 million excluding the debt of KRW 11 arising on November 17, 201, 201, out of the debt entered in the list of the list of individual rehabilitation creditors; (c) the Defendant received a loan of KRW 3 million from the NAD loan on four occasions and applied for personal rehabilitation on March 2, 2012, and (c) the Defendant used the loan from the NAD loan for the repayment of the existing loan.

However, according to the records, at the time of November 1, 201, the Defendant had income of KRW 2,70,000 per month while working for Communications Co., Ltd., and at the time of lending KRW 75,000,000,000 was the Defendant. ② At the time of lending, the Defendant submitted a personal credit information inquiry agreement to inquire the Defendant about the credit of the Defendant. The Defendant was able to find that the credit rating of the Defendant was good and the amount of the existing loan was appropriate, and the Defendant could have an impact on the Defendant’s credit rating at the time of lending.

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