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(영문) 대전지방법원 2015.09.22 2015고단2342
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On August 20, 2013, in the state of mental and physical disability caused by coercion, etc., the Defendant applied for loans of KRW 30,000,000 to an employee in charge of loans at a workplace under the condition of temporary repayment at the rate of 9.4% per annum under the condition of 9.4% per annum, at the office of the victim LAC Co., Ltd. Co., Ltd. (hereinafter “victim Co.”), an official in charge of loans (hereinafter “victim Co., Ltd.”) in the state of mental and physical disability by coercion, etc., and the Defendant stated that the above person in charge is not having applied for loans to another financial institution. As of the time of loan execution, the Defendant would immediately repay the loans if there is a loan conducted by another financial institution within 15 business days after

However, the fact was that the Defendant applied for a loan of KRW 18 million to one bank immediately before the filing of the above loan application, and it was planned to use the remainder of the loan repaid with a loan of KRW 200 million or more from various financial institutions for the purpose of the Defendant’s living cost, etc. within a number of days by abusing the fact that the registration of loan information in the credit information inquiry system in a financial institution differs from one to two days. The Defendant did not have any intent or ability to repay the loan due to the absence of any particular profit or property.

Around August 21, 2014, the Defendant, by deceiving the victim company, received loans of KRW 30 million from the victim company to the single bank account under the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

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

1. An application for loan transaction, etc.;

1. Certificates, etc.;

1. CB Score inquiry, etc.;

1. Financial transaction certificates;

1. Details of transactions in each account;

1. Details of each loan transaction;

1. Investigation report (to hear the statement by proxy C);

1. Application of Acts and subordinate statutes as a copy of a medical certificate or medical record;

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

1. One that has caused this case in an unstable state of the spirit of selective fine for punishment;

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