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(영문) 수원지방법원 2016.08.17 2016고단2917
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 2013, the Defendant applied for loans at several financial institutions at the same time, using the fact that it takes 2-3 hours to share loan information between financial institutions, and used to raise credit rating as if there was no loan to other financial institutions, and used to pay approximately KRW 100 million to loan to capital capital at the same time from several financial institutions, and used to raise KRW 20 million deposit.

The defendant around May 14, 2013, at the coffee shop located in Gangnam-gu Seoul, Gangnam-gu, Seoul, to repay to the staff in charge of three life insurance (ju) in the future of the victim “no one has applied for a loan to another financial institution, and 40 million won has been loaned to the staff in charge of three life insurance (ju).

Recognizing that “I have not applied for a loan to other financial institutions” while making a false statement;

Recognizing the content of “a letter of commitment” was drawn up.

However, the facts are as follows: (a) the Defendant was granted a loan of KRW 70 million from the Han Bank on the same day (State); (b) the Defendant was given a loan of KRW 60 million from the Han Bank on Standards in Korea; and (c) most of the loans were used as the repayment of previous debts and living expenses, etc.; and (d) there was no intention or ability to receive a loan from the victim company even though there was no special property other than the monthly wage of KRW 3500,000 per month.

As above, the defendant belongs to the employee in charge of the victim company, and on the same day, he was remitted 40 million won from the employee in charge of the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to an application for loan transactions, a written agreement on loan transactions, a letter of undertaking, credit information inquiry data, and a statement of payment;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General Frauds No. 1 (less than KRW 100 million) and basic area (from June to one year and six months) / [the decision of sentence] Defendant’s false commitment to the damaged company.

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