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(영문) 대구지방법원 2018.11.29 2018고단4041
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 7, 2017, the Defendant applied for a loan to C, a staff member in charge of loans, by putting a telephone on the side of the Jinjin Savings Bank (State), which is a damaged company (hereinafter referred to as the “Sinjin Savings Bank”) at a closed location on April 7, 2017, and the Defendant paid KRW 71,000 each month at the interest rate of 22.2% per annum per week on the loan of KRW 259 million.

There is no fact that another financial institution has applied for a loan simultaneously.

“False speech was made to the effect that it was “.”

However, in fact, the Defendant received loans from the SBI Savings Bank as well as KRW 29 million, KRW 10 million from the EBI Savings Bank, KRW 70 million from the EBI Savings Bank, and KRW 700,000 from the EBI Savings Bank. At the same time, the principal and interest that should be paid for the above loans on a monthly basis is KRW 2,30,000,000. On the other hand, the monthly salary of the Defendant was approximately KRW 1,80,000,000, and there was no specific property such as real estate in the name of the Defendant, and there was no specific property such as real estate in the name of the Defendant at the time, and even if the Defendant received the above loans from the EBI Savings Bank, there was no intention or ability to pay the loans normally.

Nevertheless, the defendant deceivings the staff in charge of the damaged company as above, and he received 25.9 million won from the victimized company to transfer the same day.

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 on the police;

1. Terms and conditions of credit transactions, and detailed credit information of the Korea Credit Information Service (on January 5, 2018);

1. A summary of statements by an appellant;

1. Application of Acts and subordinate statutes on record of loan examination;

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

1. The reason for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence is that the crime of fraud was committed by deceiving the victim.

However, the fact that the crime of this case is recognized and reflected in depth, and that there has been no record of punishment so far, and that it is an initial crime.

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