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(영문) 수원지방법원 안산지원 2015.08.25 2015고단1405
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a corporate cause.

On August 26, 2013, the Defendant issued a letter of commitment to the effect that, in concluding a “loan transaction application” with the content of borrowing the victim’s future deposit insurance company and KRW 20 million with interest at 8.4% per annum, repayment at 20% ( KRW 4 million), repayment at 20% ( KRW 4 million) with the maturity of 2 years, repayment at 60% ( KRW 12 million) with the maturity of 3 years, and payment at 60% ( KRW 12 million) with the premise of the loan, the Defendant did not have received duplicate loans from other financial institutions for the last five days to E affiliated companies, which confirm the premise of the loan, and that the Defendant would not receive duplicate loans for the next 15 days.

However, from the beginning, the Defendant was expected to obtain a double loan of approximately KRW 62.66 million in total from a large number of financial institutions, and the Defendant had already received a loan of KRW 30 million from a national bank on the date of the loan.

In addition, the defendant's monthly income of 2.8 million won, which is 2.3 million won, is difficult to cope with the living expenses and loan interest of 2.3 million won, and there was no other fixed income, and there was no intention or ability to pay interest and loan to the victim according to the agreement.

Nevertheless, the Defendant, by deceiving the victim as above, received 20 million won from the national bank account in the name of the Defendant under the name of the same day from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to an application for loan transaction, a letter of commitment, and a statement of payment;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: A favorable circumstances such as the Defendant’s lending of KRW 20 million from the victim, the Defendant’s application for individual rehabilitation after a lapse of four months from the lending date, and the amount of repayment exceeds KRW 19 million:

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