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(영문) 부산지방법원 동부지원 2018.07.05 2018고단612
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 26, 2016, the Defendant called the employee in charge of lending the name of the Victim(s) Hyundai Savings Bank at an infinite location on December 26, 2016, and paid 32,400,000 won per annum by adding the interest of 22.2% per annum to the employee’s credit loan and paying 890,000 won per month in equal repayment of principal and interest over 60 months.

Another financial institution made a false statement to the effect that it does not have an application for simultaneous loan.

However, on the same day, the Defendant applied for a loan of KRW 40,000,000, including KRW 20,000,000, and KRW 20,000,00 from the C Loan, in addition to the above victim bank, and the Defendant did not have any particular property at the time and had no intention or ability to repay the loan from the beginning due to the lack of financial situation.

Accordingly, the Defendant, by deceiving the victim as above, obtained 32,400,000 won as a loan from the victim and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the accusation, credit transaction agreements, credit information for A, and inquiries about records of credit account transactions;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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