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(영문) 인천지방법원 2017.01.25 2016고단4753
사기
Text

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

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On July 30, 2013, the Defendant: (a) around July 30, 2013, at the Seo-gu Incheon Metropolitan City, the Defendant submitted to D a letter of undertaking to verify the absence of an application for a loan to another financial institution, stating his/her signature, to the effect that “A loan solicitor who has received delegation from three life insurance companies in the victim’s future will repay KRW 10.9% per annum, and KRW 20 million per year, per year, per maturity.”

However, the Defendant had already been using most of the revenues for the repayment of loans by bearing the loan obligations equivalent to KRW 90 million on various financial institutions such as modern Capital, etc., and there was no particular property, so even if the Defendant received the loan from the injured party, there was no ability or intent to normally repay the loan.

The defendant deceivings the victim as above, and he acquired 20 million won through a new bank account (E) in the name of the defendant under the name of the victim as a loan from the victim.

Summary of Evidence

1. The defendant's partial statement (the fact that an act stated in the facts constituting the crime is recognized);

1. Each legal statement of the witness F and witness D;

1. The fact that according to the results of the examination of evidence, the Defendant’s statement of loan transactions, written agreement on loan transactions, written undertaking, and credit information inquiry (as a result of the examination of evidence, the fact that the Defendant, despite the existence of an existing loan to another financial institution,

This is an important factor in determining whether to grant a loan to a lending institution, and if the damaged company knew the fact that there was an existing loan to the defendant as above and the amount thereof, it would not conclude a loan contract as at least as a condition stated in facts constituting a crime.

will be inferred.

Therefore, criminal facts are proved as evidence of prosecutor's submission.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

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