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(영문) 대전지방법원 천안지원 2014.11.27 2014고단1045
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On September 2, 2013, the Defendant promised to borrow 30 million won from the Victim’s Future Life Insurance Co., Ltd. at an annual interest rate of 9.2% from the victim’s agent at a 9.2% per annum in order to repay the loan to another financial institution within 15 business days after it was executed as at the time of loan implementation in writing.

However, the Defendant planned to obtain additional loans of KRW 66 million from the foreign exchange bank on the same day, KRW 40 million from the National Bank on the following day, KRW 29.67 million from the Samsung Card, KRW 20 million from the Hyundai Switzerland Mutual Savings Bank, and KRW 25.67 million from the Hyundai Switzerland Mutual Savings Bank. Each of the above amounts was planned to be used not only for selling the Defendant’s residence but also for the Defendant’s loan of KRW 260 million from the Defendant’s company, KRW 333,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

Nevertheless, the Defendant, while hiding the above plan, made a false statement to the agent of the victim who was unaware of such fact, and obtained 30 million won from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the prosecution and the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to apply an application for loan transactions, credit information inquiry statement, confirmation statement, investigation report (Submission of data related to loans: Details of repayment of existing loans);

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

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