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(영문) 서울중앙지방법원 2016.10.11 2016고정1670
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant had loans worth approximately KRW 70 million from financial institutions before receiving a loan from the Victim (State) Korea Savings Bank.

On February 9, 2015, the Defendant applied for a loan of KRW 7 million to the victim through Dasch Rexroth loan, which is the lending broker of the above victim, and the Defendant concealed the Defendant’s loan of KRW 8 million from the Bank of Sym Savings on the same day, KRW 3 million from the (ju) Tym Savings on the same day, KRW 5 million from the (ju) Tym Loan, KRW 5 million from the (ju) Tym Loan, and KRW 4 million from the (ju) Lym Capital Loan.

The Defendant failed to notify the victim of the fact that loans are made by other financial institutions on the day on which the Defendant applied for the loan to the victim, thereby deceiving the victim with respect to his/her ability to repay and receiving seven million won from the victim to one bank account (C) in the name of the Defendant.

2. The fact that the Defendant borrowed seven million won from the victim on February 9, 2015 and received a small amount of loans from four lending companies on the same day is recognized.

However, the following circumstances acknowledged by the evidence adopted by this court and duly examined by this court, i.e., the defendant, from the counselor referred to as D's E, consulted whether it is possible to grant a loan to several affiliated companies belonging to D and to withdraw at a low interest rate for three months after the delivery of the documents. After the above E's brokerage, the defendant intentionally applied for a small amount of loan to several lending companies in light of the above reasons and the process of the loan, etc., and even if the defendant intentionally applied for a small amount of loan to the lending company, it does not seem to have received the loan in this case, and the defendant was in the course of counseling for the examination of the loan.

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