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(영문) 서울북부지방법원 2015.03.12 2014고단3334
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, with no special property other than monthly income, received approximately KRW 40 million personal debts from several financial institutions in a short term, using the fact that the details of debts do not appear in real time when receiving loans from several financial institutions in a short term, in order to receive loans from the victim(s) life insurance, etc.

On March 26, 2013, the Defendant made a false statement to the effect that, in the case of the loan of KRW 15 million to the employee in charge, the interest rate of KRW 15 million shall be calculated as 13% per month and the amount equivalent to KRW 160,00 per month shall be paid at the maturity of one year.

However, as above, the defendant did not have the intent or ability to repay the loan even if he received the loan.

As such, the defendant deceivings the victim company, and he obtained 15 million won as a loan from the victim company, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer against C, and accusation;

1. An application for loan transactions, an agreement on loan transactions, and a letter of undertaking;

1. Application of the Acts and subordinate statutes governing the individual rehabilitation decision;

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is committed in the short period of time by taking into account the following factors: (a) the Defendant was tried to evade his/her obligation by filing an individual rehabilitation application within six months after receiving an intensive credit loan from the financial institutions including the instant loan from the financial institutions; (b) the nature of the crime is heavy in light of the content of the crime and the applicable law; and (c) the Defendant did not fully pay the amount of damage upon paying only interest from the loan to the time when the application for individual rehabilitation was filed; (d) the Defendant did not have any particular criminal record other than the fine; and (e) the Defendant shall determine the punishment as ordered by taking into account the circumstances and form of the crime

order for any reason above.

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