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(영문) 수원지방법원 2015.02.11 2014고단5880
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

On April 12, 2013, the Defendant: (a) took advantage of the fact that the trade name in the Jongno-gu Seoul Metropolitan Government name is not known; (b) using the fact that the recent details of loan are not listed in the credit information computer inquiry; (c) applied for a loan from the victim’s future deposit life insurance company to obtain a loan; and (d) applied for a loan under the condition of KRW 20 million on condition of the due date for payment of one year and 10.9% interest on the part of the victim’s consignee C; and (c) made a false statement to the effect that “no loan has been made to any other financial institution within five business days before the loan execution and no application for the loan is made to another financial institution during 15 business days after the loan execution; and (d) made a signature after stating personal information with a letter of commitment stating such purport.

However, on the same day, the Defendant was given loans of KRW 70 million from Han Bank and KRW 40 million, respectively. On the same day, the Defendant applied for loans of KRW 14 million to Hans Savings Bank and KRW 44.9 billion to Hans Savings Bank respectively. Although the market price was KRW 270 million at the time, the right to collateral security was established in an amount equivalent to KRW 182 million. Although the Defendant was receiving KRW 61,6777,674 on a yearly salary, it was separately paid KRW 160,000,000,000 as principal and interest, there was no intention or ability to pay the loans from the victim.

The Defendant, as above, by deceiving the above C, received KRW 20 million as a loan from a person in charge of loan who is unable to know the name of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. An application for loan transaction;

1. A letter of undertaking;

1. Each credit information inquiry;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 of the Criminal Act:

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