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(영문) 전주지방법원 군산지원 2016.07.22 2016고정253
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On June 27, 2013, the Defendant was granted a loan of KRW 130 million in total, including KRW 30 million from the Korea Teachers’ Mutual Aid Association on June 28, 2013, with a credit loan of KRW 50 million and KRW 20 million from the Korea Life Insurance Co., Ltd. on the same day, and on June 28, 2013, the Defendant was unable to obtain an additional credit loan according to the Defendant’s credit rating.

In addition, even if a loan is granted due to the above debt, there was no intention or ability to repay the loan at maturity.

Nevertheless, for 2-3 days, the fact that the above loan was received was not confirmed by other financial institutions through an inquiry into the financial computer network, in order to obtain additional credit loans.

On June 28, 2013, the Defendant: (a) obtained a credit loan of KRW 30 million from the said insurance company with a one-year maturity from an injured person at the 330 million in the following points in Young-si, Young-si; (b) made a false statement to the effect that the Defendant did not receive a loan from another financial institution; and (c) made a false statement to the effect that he/she received a loan from the said insurance company; and (d) obtained a credit loan of the said amount.

Accordingly, the defendant, by deceiving the victim, obtained a loan of 30 million won from the victim for the purpose of the loan.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Application of the Acts and subordinate statutes of the Guarantee Board of Debt;

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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