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(영문) 의정부지방법원 고양지원 2012.11.30 2012고정726
사기
Text

The defendant shall be innocent.

Reasons

1. On May 25, 201, the Defendant: (a) applied for a credit loan to the Plaintiff, the victim, by telephone at his own house located in Gyeyang-gu, Gyeyang-gu, Seoyang-gu; (b) provided loans of KRW 2 million to the Plaintiff; and (c) provided loans to the Defendant, the victim, by telephone; and (d) provided false statements as if the Defendant were to pay KRW 100,000 per month including principal and interest until May 24, 2016, and sent the loan-related documents by facsimile to the victim company.

However, even though the monthly income at the time is less than 1.4 million won, the defendant has to bear approximately 48 million won from the lending company in total 12 places, and has to pay KRW 1 million on the monthly interest, and there has been no other intent or ability to repay the loan even if he has received the loan due to the money that should be paid every month with the card payment.

The defendant acquired a loan of 2 million won from the victim on the same day.

2. Therefore, the Defendant did not have the intention or ability to repay the loan at the time of the instant loan.

With regard to the receipt of the instant loan in mind of the application for individual rehabilitation, each evidence submitted by the public prosecutor alone is insufficient to acknowledge such loan, and there is no other evidence to acknowledge it.

In other words, in relation to the ability to repay the loan, if the defendant did not have the ability to repay the loan at the time, the above loan has not been implemented on the side of the Nemanc Loan Co., Ltd. with specific credit assessment.

(2) In the event that the Defendant submitted false information or data in relation to the credit assessment of the above lending company, the above lending company determined that it is possible to recover the loan at the time when the Defendant sufficiently grasped the present status of the Defendant’s obligations as stated in the facts charged and implemented the above lending. In relation to the intent to repay the loan, the Defendant would not apply for rehabilitation, etc. in accordance with the loan agreement confirmation at the time of

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