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(영문) 수원지방법원 안양지원 2015.04.10 2014고단2044
사기
Text

A defendant shall be punished by imprisonment for four 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

Around July 2013, the Defendant entered into a monetary loan agreement with an employee B of Samsung Fire Co., Ltd. and an employee B of Samsung Fire Co., Ltd. in the future of the victim's future life insurance company (hereinafter referred to as "creditor future life insurance Co., Ltd., debtor A, loans of KRW 30 million, interest rate of KRW 9.4% per annum, interest rate of KRW 9.4% per annum, and one year after repayment period) in the vicinity of Samsung Fire Co., Ltd. and issued a letter of commitment to the effect that there was no duplicate loans from other financial institutions for the last five days, and

However, in fact, the Defendant was in a state that, in the state that the Defendant was liable for the second financial right amounting to approximately KRW 200,000,000, the credit information inquiry council temporarily offered repayment without showing the above details of the obligation, and on July 17, 2013; and

7. 18. 18. It is planned to obtain a total of KRW 241,44,000 loans from other primary financial rights as well as victimized companies, and there was no intention or ability to repay the loans at the due date even if they are given loans from victimized companies.

As above, the Defendant deceptioned the damaged company and acquired 30 million won from the victimized company under the name of the loan on July 18, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The fact that a loan transaction application, a loan transaction agreement, a letter of commitment, and a credit information inquiry company is a lending institution capable of credit inquiry, etc., and the defendant paid interest to the victimized company until the due date is recognized, but the defendant intentionally conceals other debts, such as neglecting the defendant's temporary repayment in advance to prevent the victimized company from inquiring about other financial institutions. When issuing a letter of commitment necessary for the confirmation of debts, the defendant intentionally impliedly neglected to the existence of additional debts, receiving money equivalent to KRW 260,000,000,000 including debts to the victimized company, and not paying interest after the due date, and the principal is not fully repaid.

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