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(영문) 창원지방법원 통영지원 2015.12.18 2015고단1052
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 14, 2013, the Defendant received a loan from a financial institution for investment in stocks at the end of 2012, and agreed to obtain a loan from the victim life insurance company, etc. in the future, with an intention to obtain a loan from the victim, etc., on June 14, 2013, after seeking a solution because there was an economic difficulty to pay about KRW 130,000,000,00 from the financial institution.

On June 24, 2013, the Defendant, at a convenience store where it is difficult to know the trade name in Tong-si D, submitted a false statement to the employee of the victim company’s agent, stating that “The principal shall be repaid at the interest rate of 8.3% per annum and at the interest rate of 40 million won per annum, and the principal shall be repaid in lump sum with maturity.” On June 21, 2013, the Defendant applied for a loan to another financial institution is only KRW 40 million on June 21, 2013, and if a loan is implemented by another financial institution during the 15 business days before the enforcement date from the five business days before the enforcement date of the loan as at the time of the request for repayment, signed and submitted a letter of commitment to “no objection is raised against any legal measure”.

However, the Defendant had already received a loan from another company prior to the date of the contract using the fact that a certain time is required for the sharing of loan information among the lending companies, and was expected to receive a loan from the other companies, and was in excess of the obligation, such as receiving a loan from the victim company with no particular assets, and repaying a loan from the victim company.

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