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(영문) 부산지방법원 2016.04.08 2016고단659
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In that the Defendant, on July 30, 2013, at the 6th floor of 1118-4, 1118-4, the sixth floor of the 3 insurance Kimhae-si, Kim Jong-si, the Defendant: (a) was entrusted with the business of lending in three life insurance in the victim’s future; (b) “There is no other loan than two other loans; (c) there is no intention to obtain a duplicate loan by applying for a loan to another financial institution; and (d) if the loan is implemented with another financial institution from five business days before the execution of the loan to fifteen business days after the enforcement of the loan, the loan should be immediately repaid.

The loan period of KRW 20 million will be paid every month for interest rate of KRW 8.4% for each three-year period of loan, 20% of principal from the first year, 20% of principal from the second year, and 60% of principal from the third year.

“False speech was made to the effect that it was “.”

However, in fact, the Defendant applied for a loan to obtain a loan equivalent to KRW 1,4350,000 from the Hyundai Capital on July 31, 2013, and on August 1, 2013 at the Hyundai Swiss Mutual Savings Bank to obtain a loan equivalent to KRW 1,3130,000,00 from the damaged party due to the excess of the obligation, or was scheduled to file an application. However, even if the Defendant borrowed KRW 20,000,000 from the damaged party due to the excess of the obligation, the Defendant did not have any intent or ability to pay the loan in accordance with the terms of the loan agreement.

On July 31, 2013, the Defendant, by deceiving B as such, received loans of KRW 20 million from a person who was damaged by the documentary evidence related to loans through B to a national bank account under the name of the Defendant, and acquired them by defrauded.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused;

1. Statement made to C;

1. Application of Acts and subordinate statutes governing inquiries about complaints, applications for loan transactions, certificates of commitment, and credit information;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] of the general fraud [the scope of the recommended sentence] that there is no basic area (6 months to one year and six months) [the person who is subject to special sentencing] [the decision of sentence], and fraud.

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