logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.07.03 2014고단3959
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around May 14, 2013, the Defendant made a false statement to the effect that “A loan to a financial institution other than KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,0000,0000,0000,0000,0000,0000,000,000,000,000,000,000,000,000,000,00

However, on May 14, 2013, the Defendant had no intention or ability to repay a loan of KRW 190 million, including KRW 40 million, at the Korean Bank, KRW 90 million at the Korean Standards Agency, KRW 60 million at the Korea Standards Agency, and KRW 40 million at the Korea Standards Agency on May 15, 2013.

On May 15, 2013, the Defendant, by deceiving C, received loan-related documents through C from the victim who had taken over loan-related documents through C, and acquired pecuniary benefits equivalent to KRW 25 million from the Defendant’s bank account under the name of the Defendant.

Summary of Evidence

1. Partial statement of witness D;

1. Police suspect interrogation protocol of the accused;

1. Application for a loan transaction, a loan transaction agreement, a letter of commitment, credit information inquiry, a statement of payment, and application of Acts and subordinate statutes governing employment income withholding receipts;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. On April 28, 201, the Defendant had an existing loan of KRW 100 million on April 28, 201, and at the time of application for a loan, KRW 190 million (Korean bank of KRW 90 million, KRW 60 million, KRW 40 million, and KRW 40 million) was already extended.

arrow