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(영문) 인천지방법원 2018.01.12 2017고단4224
사기
Text

The defendant shall be innocent.

Reasons

1. On August 11, 2016, the Defendant: (a) lent KRW 30 million to the Savings Bank in Korea of the Victim in the name of the Defendant at an interest rate of 20.2% per annum; and (b) calculated the interest at an equal rate of 21% per annum; and (c) paid each month between the 21st day and 60 months by equal repayment method of the principal and

was made.

However, the Defendant had no other profit in addition to KRW 3.3 million, and there was only a debt of KRW 86 million to the branch, the Saemaul Bank of Korea, KRW 84 million to the new bank, KRW 45 million to the C Bank, and KRW 28 million to the C Bank. On the same day, Svia borrowed KRW 30 million from the Savings Bank, KRW 20 million from the L-friendly Savings Bank, and KRW 80 million from the L-friendly Savings Bank, even if there was no other property, there was no intention or ability to repay the debt even if it borrowed KRW 30 million from the victim bank.

Nevertheless, the Defendant, as seen above, was accused by deceiving the Victim Bank and then transferred KRW 30 million from the Victim Bank to the new bank account in the name of the Defendant.

2. However, in light of the following circumstances, according to the evidence duly adopted and investigated by this court, the evidence submitted by the prosecutor alone, which led to deception by the victim bank at the time of loan by the defendant.

It is difficult to readily conclude, and there is no other evidence to acknowledge it.

① The Defendant was granted a loan of KRW 30 million from the victim bank, and the Defendant was granted a loan of KRW 30 million from the savings bank of KRW 30 million on the same day and KRW 80 million from the e-friendly savings bank of KRW 20 million on the same day.

(2) The defendant had had a borrower apply for a loan to a victim bank, and had no clear false statement concerning his/her workplace or economic circumstances or submitted false data in the course of telephone counseling with the victim's employees to examine the loan.

(3) A victim bank shall integrate data submitted by the defendant, credit information inquiry results, etc.

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