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(영문) 대전지방법원 2016.06.14 2015고단3186
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 5, 2013, the Defendant entered into a loan transaction agreement on the condition that the principal shall be repaid at the time when the maturity is due at the point of Cr life insurance Co., Ltd. at the point of Cr. Cr. Cr. Cr. Cr. Cr. Cr. Cr. Cr. Cr. Cr. Cr. Cr. Cr. Cr. Cr. Cr. C.

As above, the Defendant promised to immediately repay the loan when there is a loan in another financial institution between five business days before the enforcement date and fifteen business days after the enforcement date of the loan agreement with the victim company as of the point of time of loan execution, and stated “no corresponding matter” in the column for the current status of loan application for other financial institutions.

However, on February 6, 2013, the Defendant was granted a loan of KRW 2,568,00,000 from the Switzerland Bank in Korea, and around February 8, 2013, the Defendant received a loan of KRW 50,000 from the National Bank around February 8, 2013. In light of one’s monthly income, the Defendant applied for a loan to the victim company with the knowledge in advance that it would not obtain a loan from the victim company if the victim company confirms the existence of the above loan. At the time, the Defendant had a total of KRW 100,000,000 from the victim company, and there was no intention or ability to pay the loan normally on the agreed date.

On February 6, 2013, the Defendant, by deceiving the victim as such, received 30 million won from the victim to the new bank account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against C;

1. The application of Acts and subordinate statutes governing loan transactions, loan transaction agreements, commitments, and credit information inquiries;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] of the general fraud category 1 (less than KRW 100 million).

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