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(영문) 서울북부지방법원 2015.02.16 2014고단1239
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 2013, 2013, the Defendant, upon receiving the Defendant’s request from the Defendant’s female C to receive money from a financial institution to the extent possible, thought to obtain credit loans from various financial institutions at once.

At around 14:00 on June 14, 2013, the Defendant applied for a credit loan to IM employees, a company entrusted with loan solicitation of three life insurance companies in the Seoul Special Metropolitan City, Nowon-gu, where the trade name near the department store cannot be known. The Defendant stated “I confirm that there was no application for a loan to another financial institution other than the current status of the loan application for other financial institutions listed below,” and “I will immediately repay the loan in the event that the loan is executed by another financial institution during 15 business days after the date of execution of the loan of five future life savings life savings at the time of execution of the loan, regardless of whether or not the loan provision of the company is within the column of the loan application of other financial institutions.”

However, around June 13, 2013, the Defendant had already been granted credit loans of KRW 16,900,000 from Korea Standards, credit loans of KRW 19,174,00 from Hyundai Capital Co., Ltd., and credit loans of KRW 13,915,00 from C Group Capital, respectively, and there was no intention or ability to perform the obligation of repayment immediately upon the overlapping loan of other financial institutions according to the content of the said commitment.

The Defendant received KRW 20,000,000 from the victimized Company as a loan on June 14, 2013 from the Defendant to the Defendant’s bank account.

Accordingly, the defendant was given property by deceiving the damaged company.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. A copy of the loan application, a copy of the loan transaction agreement, a copy of the commitment, and a credit information inquiry;

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