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(영문) 춘천지방법원 강릉지원 2017.12.08 2017고단1265
사기
Text

A defendant shall be punished by imprisonment for one year.

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

On March 21, 2017, the Defendant applied for a loan of KRW 30 million to the “C” office where the Defendant works for the Defendant in the East Sea (hereinafter referred to as the “C”), and was asked questions as to whether the Defendant applied for a loan of KRW 30 million to another financial institution in the course of undergoing an examination by wire from a person in charge of lending business under his/her name to another financial institution in the course of undergoing an examination by wire, the Defendant made no request for a loan to the other financial institution. On March 22, 2017, the Defendant asked him/her about the same purport by telephone from the person in charge of loan business under his/her name at around 17:35 p.m. on March 22, 2017,

However, at that time, the Defendant was unable to repay a loan even if he/she received a loan from the victim company due to the aggravation of economic circumstances, such as the amount of personal debt up to 3.6 million won, and due to such circumstances, the occurrence of KRW 100 million loans was finally scheduled since the situation was prevented from returning the debt. From March 21, 2017 to March 22, 2017, the Defendant was undergoing the procedure for applying for a loan of KRW 64 million in total to other financial companies, such as the Interest-Friendly Savings Bank, etc., and if notifying the above circumstances, the Defendant did not receive a loan from the victim company or the lending limit was forced to decrease.

Nevertheless, on June 22, 2017, by deceiving the victim to the effect that the defendant did not notify the above circumstances to the victim company and did not have to receive an application for a loan to other financial rights or did not have made such an application, the defendant acquired the money in the name of the loan from the new bank account under the name of the defendant on June 22, 2017 by remittance of KRW 30 million from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint, credit transaction agreement, credit information, summary of each statement, record, recording, application for individual rehabilitation proceedings;

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