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(영문) 대전지방법원 2015.03.25 2014고정1650
사기
Text

The defendant shall be innocent.

Reasons

1. On May 2, 2013, the Defendant agreed to the effect that “The Defendant will pay the principal and interest KRW 270,000 per month during 39% interest per month during the loan period of KRW 5 million.”

However, in fact, the Defendant applied for a loan of KRW 17 million at five places, including the right-to-face loan, which is the filing company of the foregoing day, and paid only KRW 50,000 after the loan. On October 2013, the Defendant did not have any intent or ability to repay the loan even if he/she received the loan, such as filing an application for personal rehabilitation.

On May 2, 2013, the third party acquired 5 million won through a national bank (Account Number E) in the name of the accused from the accused company.

2. The Defendant asserted to the effect that, at the time of receiving a loan from the immediately re-afforest, the Defendant was in office as a regular employee in the company, and was paid more than 2 million won a month, and had the intention and ability to repay. However, the Defendant subsequently was recommended by the company and was in office after the company, and it was difficult to re-employed due to difficulties in re-employment during pregnancy, the Defendant was subject to provisional seizure from other loan companies and obtained authorization of the repayment plan by filing an application for personal rehabilitation with the court around October 2013, and the Defendant faithfully repaid the loan after the completion

The investigation report to the effect that the defendant was processed in a position of recommendation because he was unable to perform his duties in good faith after he was loaned (the time of withdrawal and the relation to reasons for withdrawal, etc.) is inadmissible by the defendant's consent.

On the other hand, the witness F stated to the effect that if the defendant knew that he received a loan from a multiple lending companies at the same time, he would not cause the loan. However, ① The amount of loan application is stated as KRW 40,000,000 even in the application for approval for a loan and application for membership and loan (Investigation Record No. 14, 15) prepared by the defendant, and ② the defendant extended a loan of KRW 40,000 to pay his personal debt to G.

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