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(영문) 의정부지방법원 고양지원 2014.11.28 2014고단1764
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On May 6, 2013, the Defendant signed and sealed the following: “The date of application: A financial institution on May 9, 2013: (a) directly stated the current status of an application for a loan to another financial institution, which is an employee, in filing an application for a credit loan with the victim’s future life insurance Co., Ltd.; (b) on May 9, 2013: “No other financial institution has applied for a loan; and (c) there was no other financial institution’s application for a loan; and (d) the Defendant will immediately repay the loan to the other financial institution regardless of whether it is within the regulations on the loan of the Company, if the loan is implemented by the other financial institution from five business days before its implementation to five business days after its implementation as at the time of the loan of the next future life deposit life savings.”

However, in fact, the Defendant, without any special property, was using the monthly wage of 93 million won at the time as interest, etc., most of the monthly wage was used as interest, etc., and did not have the intent or ability to repay the loan. In order to repay the existing debt, the Defendant was scheduled to obtain additional loans of 23 million won to HK Mutual Savings Bank around May 7, 2013 and around May 9, 2013.

On May 8, 2013, the Defendant, by deceiving the victim, received KRW 25 million from the victim to the new bank account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The application form for loan transaction, letter of commitment, credit information inquiry statement, application form for individual rehabilitation procedures, application form for loan of modern capital, application form for HK Savings Bank loan, the application of Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act;

1. Sentencing guidelines for sentencing under Article 62-2 of the Social Service Order Criminal Act: Fraud, general fraud, type 1 (less than 100 million won), basic area, imprisonment with labor for six months to one year and six months, the defendant is unable to receive a loan from the victim's own income and KRW 90 million.

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