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(영문) 서울서부지방법원 2019.06.14 2019고단409
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 16:22, 2017, the Defendant: (a) linked the “C” office located in Goyang-si B on the website of the Victim D Co., Ltd. (hereinafter “victim”) and requested a loan of KRW 45 million at a rate of 14.2% per annum between 48 months and 45 million on the Internet; and (b) made a false statement as if the Defendant would normally repay the principal and interest of the loan to the employee in charge of loans in the name of the victim company.

However, at the time, the Defendant had a large amount of obligation, such as loans to E Bank and branch holders, credit card payment obligations, etc., while there was no other special property, the Defendant received loans from the victim company, and was thought to repay the above Defendant’s obligations and the obligations of C company run by the husband of the Defendant, and did not have any intent or ability to pay the Defendant’s obligations to the victim company normally.

Nevertheless, at around 17:52 on October 12, 2017, the Defendant obtained 45 million won from the victim company in the name of the loan from the F Bank account (Account Number G) in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to H and I;

1. A complaint (including attached documents);

1. In full view of the following circumstances acknowledged by the evidence prior to the determination of the criminal investigation report (Submission of data, such as details of passbook transactions), investigation report (to file an application for commencement of individual rehabilitation procedures related to a suspect), investigation report (to file data, etc.), and the criminal investigation report (to file a telephone conversation file file file file with employees of the company examination team who filed the complaint) and the criminal intent to acquire the defrauded, the Defendant is deemed to have no intent or ability to repay even

Therefore, the defendant and defense counsel are without merit.

(1) At the time of the instant loan, the Defendant had a considerable obligation to financial institutions and branch persons, etc.

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