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(영문) 창원지방법원 통영지원 2015.07.23 2015고단549
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

The defendant has already been liable for 2-300 million won to other financial institutions even if he has been granted a loan from the victim's LAC Life Insurance Co., Ltd., and the monthly wage that the defendant received was insufficient to repay the principal and interest of the loan exceeding 3 million won, and at the time when he applied for the loan to the damaged company, the defendant did not have any intention or ability to pay the loan to the damaged company normally due to the fact that he applied for or received a loan of 250 million won or more from the Han Bank, Treatment-SA Saemaul Saemaul Bank, Korea Standards Bank, Samsung Fire & Marine Insurance.

Nevertheless, on June 13, 2013, the Defendant is threatening not to grant a loan to another financial institution or to notify the fact that it was granted a loan at the affected company's macro-dong, Gosi-dong, with a concern that if the Defendant applied for a loan to another financial institution or notified the fact that it was granted a loan, the Defendant is working in the marine team of the Treatment and Mediation Agency, the Sea B, which is in charge of a credit rating decline, and as a result, there is an income of KRW 60 million per annum, the Defendant paid a monthly interest of KRW 40 million every year (monthly 276,000,000 per annum) for a credit loan, and the principal shall be paid in lump sum after one year.

On June 14, 2013, the Defendant received 40 million won as a loan from the victimized company and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of an application for loan transaction, a letter of undertaking, and each credit information inquiry;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] is that there is no basic area (6-100,000 won or less) (6-10,000 won or less) of the basic area (6-1,00) (6-1,000 won) (the decision of sentence], and reflects the fact that the victim does not want the punishment of the defendant by mutual consent with the victim.

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