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(영문) 서울서부지방법원 2016.08.26 2016고정795
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant paid the full amount of the obligations with respect to the existing financial rights and No. 1 and No. 2 by means of the so-called repayment loan, and thereafter, the Defendant was willing to obtain the loan by hiding the intent to obtain the loan exceeding the credit limit from the financial institutions, etc. with the 1st financial institutions, etc. simultaneously prior to sharing the loan information between financial institutions, and making an application for the loan only to the relevant financial institution, and making it possible to repay the loan normally by the agreed deadline.

On May 20, 2013, the Defendant paid the interest equivalent to 9.4% per annum per month to a person in charge of the victim’s name in the closed room in Seoul Jung-gu, Seoul, through D’s employees E, a financial company for life insurance in the victim’s future.

In the end, “a bank has not applied for a loan to any other financial institution other than 124 million won credit loans to one bank,” and there is no intention to apply for a loan to three life loans in the future, and there is no other financial institution to obtain a loan in the future. In the future, the loan will be immediately repaid in the future when there is a loan to another financial institution between five business days before and after the implementation of three life loans from the 15th business day after the 15th business day after the implementation of three life loans.

“A” signed a letter of undertaking, thereby deceivings the employees in charge of the lending, and it received 20 million won from the victim company to the bank account (F) of his own name around May 21, 2013, from the victim company, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. The application of Acts and subordinate statutes as a result of inquiry into loan transaction agreements, certificates, and respective credit information;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the crime, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Criminal Procedure Act of the Provisional Payment Order.

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