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(영문) 울산지방법원 2015.05.21 2015고단472
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Around September 12, 2013, the Defendant concluded a loan contract on the condition of three years, with C and 20 million won, annual interest rate of 8.4%, and three-year period, with a commitment to the effect that “no other financial institution has applied for a loan, no other financial institution intends to do so, and no other financial institution has an intention to do so between five business days before and after the execution of the loan.”

However, in fact, the Defendant was in excess of the obligation with loans of 40,300,000 won from other financial institutions at the time, and as a parent with the above Internet lending company, borrowed the above amount of 40,30,000 won from the above Internet lending company and repaid the loans from other financial institutions. As such, there was no fact that the Defendant had received the loans from other financial institutions, and applied for the loans from five financial institutions other than the victim at the time of applying for the loans

Around September 13, 2013, the Defendant received KRW 20 million from the victim to the corporate bank account in the name of the Defendant on the pretext of loans.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. The Act and subordinate statutes stipulate an application for loan transaction, a loan transaction agreement, a letter of commitment, credit information reference, a certificate of employment, a withholding receipt, notice of termination of credit, a statement of transaction by account, a statement of transaction by account (HK bank), a statement of transaction by liquidity, a statement of loan transaction (HK bank), a written confirmation of full repayment of loan (SBI Savings Bank), a written confirmation of full repayment of loan (SBI Savings Bank), a written confirmation of full repayment of loan (SBI Savings Bank), a written confirmation of full repayment of loan, and an investigation report.

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