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(영문) 서울북부지방법원 2018.09.05 2018고단2688
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Upon receipt of a loan from a loan brokerage business entity called “C”, which became aware of through Internet search around October 2016, upon receipt of an application for a loan at the same time with several financial institutions on the same day while there is no debt, the Defendant may obtain a loan more than the actual credit because it has not been confirmed whether the loan was granted or not in the Financial Rights Computer Network.

“Along with the horses, the Defendant was given a loan under the name of his child and repaid the Defendant’s credit loan amounting to KRW 75 million.

On March 22, 2017, when the Defendant repaid the loan from the “C”, the Defendant: (a) heard the horses that it is possible to borrow the loan up to KRW 130 million to concurrent loan; and (b) filed an application for a loan of KRW 20 million with the Hyundai Savings Bank Co., Ltd. (on March 22, 2017, for the loan of KRW 20 million with the intent to obtain concurrent loan through the “C”); and (c) holding the relevant documents, such as a certificate of employment necessary for the loan.

On March 22, 2017, the Defendant applied for a loan of KRW 20 million to the employees of the victim bank who contacted the Defendant in order to confirm himself/herself and to verify concurrent loans at the home of the Defendant located in Gwangjin-gu Seoul Special Metropolitan City around March 2, 2017, and there is no application for a loan or any loan to another financial company on the date of the application for the loan.

“The purpose of “ was to make a false statement.”

However, in addition to the victim bank on the same day, the defendant also filed an application for loans of KRW 15 million in total with No. 15 million with Eth-friendly savings bank, KRW 25 million with SBI Savings Bank, KRW 30 million with OBI Savings Bank, KRW 15 million with OBI Savings Bank, KRW 30 million with capital, and KRW 35 million with capital and other economic difficulties such as delayed payment of card price. At that time, the defendant had no intent or ability to repay the loans even if he/she received loans from the victim bank.

The defendant is the victim bank.

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