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(영문) 수원지방법원 성남지원 2019.01.31 2018고단2337
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On January 8, 2018, the Defendant applied for credit loans with the amount of 26,50,000 won for loan application, 21.5% per annum, 48 months from February 20, 2018 to January 20, 202, 1,024,151 won, and 827,730 won per month from February 8, 2018.

However, in fact, the Defendant was unable to pay the benefits to two employees at the time for more than two months, and the Defendant was unable to lend money from credit card companies, loan companies, and other persons in order to pay excessive debts such as credit card payments in an amount equivalent to 30 million won, and there was no intention or ability to repay the loans normally even if the Defendant borrowed money from the victim company.

As above, the Defendant deceivings employees in charge of lending funds of the victim company, and acquired 26.5 million won from the victim company to the bank account in the name of the defendant's name on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement of legal representative E;

1. The following circumstances acknowledged by the details of loan, the details of receipt of principal and interest of disposable discrimination, the credit loan application, each loan transfer account, and the credit information reply account duly adopted and investigated by the court, and the Defendant was liable for obligations among individuals, such as bonds, in addition to the amount of debts that the victim company could inquire into, at the time of the instant crime, at the time of the instant crime. Although the Defendant had operated the frequency at the time of the instant crime, it was difficult for the Defendant to receive the premium as premium because he was not a funeral from March 2017 before the instant crime was committed, and the monthly payment was fully deducted from the monthly payment.

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