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(영문) 전주지방법원 2016.01.28 2015고단1534
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On July 10, 2013, the Defendant applied for a credit loan to C, an employee of the three life insurance company, in the future of the victim on the first floor of the building of the building of the teachers' mutual aid in Seocho-gu Seoul Special Metropolitan City, Busan Metropolitan City on July 10, 2013, and confirmed that the said principal did not have applied for a loan to other financial institutions in addition to the current status of the

In the future, “a loan shall be immediately repaid regardless of whether or not there is any provision on “a loan shall be immediately repaid” as stated in the column for entry in the present status of loan application by another financial institution, which read “a letter of undertaking” as of the 5 business day prior to the implementation of the three-way loan from the 15-day business day to the 15-day business day after the enforcement of the three-way loan.

However, around July 5, 2013, the Defendant had already been granted a credit loan of KRW 37,000,000 from Korea standards and a credit loan of KRW 20,000 from the National Bank on July 10, 2013, and there was no intention or ability to immediately perform the obligation to repay the loan when the overlapping loan of other financial institutions is implemented in accordance with the content of the said undertaking.

On July 12, 2013, the Defendant was transferred KRW 20,000,00 from the victim company to the Defendant’s foreign exchange bank account.

Accordingly, the defendant deceivings the victim company to acquire the property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a complaint (including additional materials), investigation report (including the submission of agreements on loans to, and interest payment data on, Slick and National Bank);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the Defendant who has no record of punishment is divided into his/her own mistake, and the principal and interest of the above loan was repaid in KRW 6,486,129, and the remainder is repaid through the individual rehabilitation procedure.

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