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Reasons
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(영문) 수원지방법원 안산지원 2016.08.24 2015고단3801
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 5, 2013, the Defendant submitted a letter of undertaking to confirm that the Defendant had not applied for a loan to the employees in charge of the location credit loan at three life insurance points in the future of the Victim Co., Ltd., Ltd., located in Ansan-si Co., Ltd. (181), and filed an application for a credit loan of KRW 40,000,000 with the annual interest rate of KRW 1 year, and the interest rate of KRW 7.2%.

However, on August 5, 2013, the Defendant received loans of KRW 30,000,000 from the National Bank on August 5, 2013, from the National Bank, KRW 45,10,000 from the Bank, KRW 50,36,00 from the Samsung Bio-resources, and KRW 14,215,00 from the HK Mutual Savings Bank.

6. A loan of KRW 219,681,00 equivalent to 486% of annual income ( KRW 45,196,833) has been granted after a loan of KRW 40,000,000 from the SC bank and 40,000,000 has been granted from the victim company, and there was no intention or ability to repay the principal and interest even if the loan has been granted from the victim company.

The Defendant stated that the Defendant was “2015.” However, this appears to be a clerical error in the “2013.”

8.6. Receiving 40,000,000 won from the foreign exchange bank account under one’s own name.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. An application for loan transactions and a loan transaction agreement;

1. Application of credit information inquiry Acts and subordinate statutes;

1. The nature of the crime is not good in light of the reasoning of sentencing of Article 347(1) of the Criminal Act as to the crime.

The amount of damage is below the amount of damage;

shall not be deemed to exist.

Even though a considerable period of time has elapsed after the crime was committed, the damage was not completely recovered.

Pronouncement of sentence is inevitable.

However, the defendant recognizes and reflects the crime.

There is no criminal record.

In addition, the defendant's age, sex, environment, and motive for committing the crime.

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