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(영문) 수원지방법원 2014.10.15 2014고단3133
사기
Text

A defendant shall be punished by imprisonment for 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

On June 12, 2013, the Defendant entered into a credit loan agreement with the employees of door-to-door sales companies affiliated with the “MPM” company that is related to the victim’s future life insurance company at the office of “AD” with the 10th floor in Suwon-si, Suwon-si, the Defendant paid loans of KRW 20 million, the loan term of KRW 3 years, interest rate of KRW 8.4% per annum, interest rate of KRW 25% per month, interest payment date of KRW 20% at the arrival of one year, KRW 20% at the arrival of two years, and KRW 60% at the arrival of three years.

As above, the Defendant entered into a loan transaction agreement with the victimized company and entered “no applicable matter” in the column of the current status of the application for loan to another financial institution by immediately repaying the loan and performing the obligation to repay the loan within three business days from the date of the complainant’s request for repayment when the loan is implemented between five business days before the enforcement date and fifteen business days after the enforcement date of the loan from the 5 business day before the enforcement date.

However, on the same day, the Defendant received an application for a loan of KRW 30 million from the National Bank of Korea to the SC Japan and transferred the loan on the same day. In light of his monthly income, the Defendant knew in advance that the damaged company was unable to obtain a loan from the victimized company when it confirms the above loan through computer, and applied for a loan to the victimized company. At that time, the Defendant had only KRW 73 million, and at that time, the Defendant did not have any intention or ability to repay the loan received from the victimized company in a timely manner.

The Defendant received KRW 20 million from the victimized Company to the national bank account in the name of the Defendant on or around the 13th day of the same month.

Accordingly, the defendant acquired the property of the damaged company by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of F made by the police;

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