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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
On February 23, 2012, the Defendant loaned 3 million won to the injured party’s non-surved loan’s employees name at an annual interest rate of 39% at 39%, the Defendant paid 150,000 won (150,000 won) over 33 times every month the principal and interest of the Defendant, but at the last month, he said that the Defendant would repay 42,187 won (42,187 won), the remainder of the principal and interest.
However, in fact, the Defendant had no intention or ability to repay the principal and interest in accordance with the agreement even if the Defendant was given a loan from the victim company under the so-called “competing” type in the situation where the Defendant had already failed to repay the existing debt from around 2011.
As such, the Defendant, by deceiving the victim company, received 3 million won from the victim company for the same day as the loan, and acquired it by fraud.
Judgment
In the second trial records, the following circumstances acknowledged by the witness C and D’s statement and response to each order to submit financial transaction information, the Supreme Court’s electronic litigation proceedings, personal credit information inquiry statement, and the certificate of revenue amount of value-added tax-free business operators are as follows. ① At the time of receiving the instant loan, the Defendant was given a loan of approximately KRW 4,800 in total from various financial institutions and loan companies, such as the National Bank, Nonghyup, A&P social loan, A&P mutual savings bank, IB loan, mountain loan, etc., and the Defendant was in a situation where it was difficult to repay the loan since 2011. Accordingly, the Defendant was also granted an additional loan of KRW 4,80,000 from the social loan and loan created by E&P from the end of January 201 to the end of January 2012. However, the victim was sufficiently investigating the Defendant’s credit rating information and credit status with the Defendant’s consent, along with the materials submitted by the Defendant in accordance with the internal loan review criteria.