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Reasons
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(영문) 서울동부지방법원 2015.08.26 2015고정479
사기
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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 August 23, 2013, the Defendant prepared and submitted to the victim future life insurance company (hereinafter “victim company”) with respect to workplace personal credit loans through the lending consultant C, a letter of commitment to the effect that “I confirm that I did not have any application for a loan to another financial institution” was not made, while preparing and submitting an application for loan transaction equivalent to KRW 30 million in relation to workplace personal credit loans.”

However, the Defendant had already been granted loans of KRW 20 million from the Nonghyup Bank on August 22, 2013, immediately before the application for the instant loan. As such, the Defendant, a second-class credit rating, was a situation in which the Defendant was unable to obtain a loan from the victim company any longer beyond the limit of the loans of KRW 30 million,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000).

Accordingly, the Defendant, by deceiving the victim as such, received 30 million won as a loan through one bank account under the name of the Defendant on the same day from the victim.

Summary of Evidence

1. Each legal statement of witness C and D;

1. Some of the police interrogation protocol of the defendant;

1. Statement to C by the police;

1. A complaint (including data attached to a credit information screen, etc.);

1. Reinforcement and statement of additional supporting materials;

1. An application for loan transactions and a letter of undertaking;

1. Details of loans;

1. Details of loan repayment, etc.;

1. Application of the Acts and subordinate statutes in part of the investigation result report;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant's summary of the argument.

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