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(영문) 창원지방법원 통영지원 2015.06.17 2014고단1124
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

On September 5, 2013, the Defendant applied for a workplace credit loan on the condition of “40 million won in loan amount, annual interest rate of 8.3%, 1 year in loan period, and repayment at maturity,” at a nearby parking lot located in the Busan Dong-gu Busan metropolitan area, which is located in the center of Busan Dong-gu, the Defendant made a false statement that “no other financial institution has applied for a loan”.

However, around that time, the Defendant applied for credit loans of KRW 28 million to the Agricultural Cooperative, KRW 50 million to the Bank of Korea, and KRW 80 million to Samsung Bio-resources, and had no intention or ability to repay the above loans on a timely basis due to the lack of special monthly income.

Nevertheless, on September 6, 2013, the Defendant, by deceiving E as above, received a remittance of KRW 40 million from the victim company to the Saemaul Treasury account in the name of the Defendant under the name of the Defendant on the pretext of a loan from the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to accusations, applications for loan transactions, certificates, credit information inquiries, CBCORE-REs

1. Relevant Article 347(1) of the Criminal Act concerning the crime, and the choice of a fine (to take the following into account the reasons for sentencing);

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The sentencing reason of Article 334(1) of the Criminal Procedure Act of the provisional payment order is the course and contents of the crime, the amount of damage, the fact that the defendant agreed with the victim, the defendant's choice of imprisonment is the reason for the ex officio dismissal in accordance with the criminal law of the defendant company, and such situation is not only original, but also from the perspective of the victim who is obligated to receive the repayment of the money by fraud because the defendant was actually aware of it, it is too harsh to the defendant, and it is too harsh to the defendant's wife who should prepare and pay the money by fraud, but it is also difficult to cope with the excessive fine, on the other hand,

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