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(영문) 대전지방법원 서산지원 2018.02.01 2017고단35
사기
Text

1. The punishment of the accused shall be four months of imprisonment;

2.Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On January 6, 2016, the Defendant made a false statement to the effect that “In the course of making contact with the employees in charge of Hyundai Savings Bank Co., Ltd. to obtain credit loans and undergoing an examination of loans from the employees in charge of the above victim bank, the Defendant was asked about whether the Defendant received loans from other financial institutions than the victim bank.”

However, in fact, the Defendant, around April 14, 2015, had already received KRW 5 million loans from (ju) Lone Star Loan, and had several financial institutions with approximately KRW 70 million loans, and even if having received a loan from the victim bank, the Defendant merely intended to use the loan to repay or use it as a cost of living, and did not have any intent or ability to repay the loan.

As above, the defendant deceivings employees in charge of the victim bank and was issued 48.1 million won from the victim bank on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to credit transaction agreements, credit information, and credit account records;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that repayment is faithfully made according to the repayment plan);

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