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(영문) 대구지방법원 김천지원 2014.11.26 2014고단1062
사기
Text

A defendant shall be punished by imprisonment for six months.

except that 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

When the Defendant applied for a loan of KRW 20,00,000 per month to a victim in the future life insurance company, which is a victim, in the vicinity of the resident residence 24 in the southwest-ro 1,7, 2013 at around July 17, 2013, the Defendant paid KRW 169,000 per month and agreed to repay all of the loans after one year. “No other financial institution has applied for a loan to another financial institution, and at the time of applying for a loan to the victim, the other financial institution will not be provided with a double loan. In the event a loan is implemented by another financial institution during 15 business days after the enforcement of the loan, the Defendant shall immediately repay the loan from the five business days before the enforcement of the loan as of the point of time to the 15 business days after the enforcement of the loan, and deliver it to B to the victim’s employee, and on the same day, it received KRW 20,000

However, without any particular property, the Defendant was in excess of the obligation, such as the obligation of KRW 98,90,000 from the Agricultural Cooperatives on October 9, 2012, and the Railroad Mutual Aid Association KRW 72,00,000 to the Korea Railroad Mutual Aid Association. On July 17, 2013, the time when the Defendant applied for the loan to the victim, and the Defendant did not have any intent or ability to repay the loan even if he/she borrowed the above money from the victim, with the loans of KRW 14,00,00 from the Korean Lifelong on July 19, 2014.

Accordingly, the defendant was given property by deceiving staff of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Complaints of future life insurance companies;

1. Application of Acts and subordinate statutes governing an application for loan transaction, a letter of loan transaction, a letter of commitment, a ruling of the Daegu District Court, a credit regular inquiry, the Korea Credit Information Council, a statement of payment, and a certificate of interest payment;

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

1. The reasons for the sentencing of Article 62(1) of the Criminal Code, together with the means, methods, and the amount of deception, are not agreed with the victim.

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