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(영문) 창원지방법원 진주지원 2015.05.13 2015고단213
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

Around December 30, 2013, the Defendant concluded a loan agreement with the victim immediately cream loan company through credit loan brokerage, a loan broker company, at least 5 million won, and the Defendant stated that “The amount of monthly income is KRW 3.2 million, total amount of loans, KRW 8.1.466 million, credit loan amount of KRW 2,426,00, monthly repayment amount of KRW 800,000,000,000,000 per annum 3.9% per annum and KRW 5,000,000 per annum during the 36-month period, would be paid without a mold in accordance with the method of free repayment of principal, which pays a minimum amount of at least the 25th day of each month.”

However, on December 30, 2013, the Defendant was planning to borrow a total of 30 million won from six lending companies, including the above damaged companies, but the above loan was not reported to the victimized company of the fact that the above loan was received by using the fact that it was not credit inquiry on the same day. In addition, upon applying for the loan, the Defendant did not notify the victimized company of the fact that the loan was obtained by using the loan amount of 24,260,000 won, which is the credit loan amount notified to the victimized company, and reached KRW 57,00,000,000,000 won, and the above loan amount was thought to be used for

As such, the Defendant, by deceiving the victim, obtained 4,99,00 won from the passbook in the name of the Defendant as a community credit cooperative passbook under the name of the Defendant, and acquired 24,92,000 won in total from five damaged companies as shown in the attached list of crimes, such as in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes to inquire about the transaction details, remittance details, loan transaction contracts, loan transaction rates, transaction ledger, loan transaction contracts, transaction details, remittance certificate, and loan transaction records by account;

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

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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