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(영문) 부산지방법원 2015.10.22 2015고단5075
사기
Text

A defendant shall be punished by imprisonment for one year.

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 September 11, 2013, the Defendant received a loan advertisement from a person with no personal interest, and raised the credit rating of the Defendant on a temporary basis, with a view to getting a loan from a bank at a relatively lower rate than that of an existing loan, after obtaining a loan from a bank at a relatively lower rate, and then allowing a person with no personal interest to repay a loan amount of KRW 90,00,000 on behalf of a financial institution and a credit service provider and temporarily raise the credit rating of the Defendant.

On September 11, 2013, the Defendant applied for a loan of KRW 8.3% per annum to a lending solicitor who was delegated by the victim future life insurance company, and KRW 40,000,000, as a condition of one year for the lending period, and submitted to another financial institution his/her signature on the same day to verify that there was no application for the loan to another financial institution, and applied for a loan of KRW 54,965,00,000 to Samsung Bio-resources and KRW 42,00,000 to our bank.

However, in fact, the Defendant was using most of the revenues to repay the loans, and the details of the loans have to take a framework to register on the computer system of the Federation of Banks, and applied for loans to Samsung Bio-resources and 2 banking institutions on the same day in accordance with the direction of a person who has failed to obtain his name, and then newly bears the loan obligations equivalent to the above amount. Of the loans, the Defendant did not have any intention or ability to repay the loans even if he received the loans from the victim because he did not have any intention or ability to pay the loans, on the ground that he received a total amount of KRW 96,965,00 from the two financial institutions.

Nevertheless, the defendant shall be 40,000,000 won as a loan from a staff member of the victim future life insurance company, and the same day.

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