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(영문) 서울서부지방법원 2014.04.04 2013고단2932
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 27, 2013, the Defendant: (a) received a loan of KRW 8.3% per annum from the victim (owner) life insurance of Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, 45-1; and (b) KRW 40 million on the terms of one year of the loan period, and submitted to the employee in charge C a letter of undertaking to the effect that there is no corresponding matter in the “the current status of the loan application for other financial institutions.”

However, in order to repay the debt amounting to approximately KRW 30 million at the time, the Defendant applied for individual rehabilitation after taking out loans from the SC Bank around March 26, 2013, KRW 43,700,000 at the SC Bank around March 27, 2013, KRW 18,000 at the SBI Savings Bank on the same day, KRW 40,000 at the SBI Savings Bank on the same day, and then applied for individual rehabilitation (the fact that the facts of the prosecution were stated as "the applicant for individual rehabilitation" or the Defendant did not have any intent or ability to apply for individual rehabilitation at the time of the above loan, and there is no evidence to acknowledge that there was an intention or ability to repay the above loan.

The Defendant, as such, by deceiving the above C, received 40 million won from the victim company to the single bank account under the name of the Defendant, namely, from the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. An application for a loan transaction, a written agreement on loan transaction, a letter of undertaking, a personal rehabilitation judgment, and details of account transactions;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., that the defendant is the first offender, that the defendant has mistakenly recognized and repented, that the defendant supports his

1. Article 32 (1) and (2), and Article 25 (3) 3 of the Act on Special Cases concerning the Dismissal of Applications for Compensation Orders (the scope of liability for damages is unclear and it is deemed inappropriate to issue a compensation order in the criminal proceedings);

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