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(영문) 대전지방법원 2017.05.26 2016고합457
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged [the premise fact] The Defendant is a person who works for the FFFF Cooperative in Chungcheongnam-Nam from December 1991 to May 2016 (hereinafter “FFF Union”) and was engaged in all the affairs of the union, including credit and receipt, and in particular, a person who works for the FFF Trade Union as a full-time member of the FF Agreement from 2007 and took overall charge of all the loan affairs of the union.

The Defendant’s mother G operated the number system from April 21, 2003 to November 29, 2004, where approximately KRW 200 million operating funds were mother and child due to the failure of the fraternity members to pay the fraternity money. The Defendant borrowed a punishment system, and a son’s name, and received a loan from the FK under the name of the Defendant’s H, land I, and J during the period from April 21, 2003 to November 29, 2004.

[Criminal facts] On July 31, 2008, the Defendant prepared an application for a loan in the name of H, the Defendant’s seat, and delivered it to K, the employee in charge of loan review.

However, at the time, the Defendant did not pay monthly salary of KRW 1.8 million, and the interest on the loan was paid KRW 4 million per month due to the failure to pay the principal of the loan, and the loan was scheduled to be used in paying interest, and thus, there was no intention or ability to pay the loan and interest even if the loan was received from the FFFF.

Nevertheless, the defendant obtained 20 million won from the FF new cooperation on the same day and acquired it by fraud.

In addition, from that time to November 4, 2014, the Defendant received total of KRW 530,000,000 from 17 times as shown in the attached crime list and acquired it through a total of KRW 533,00,000 as a loan.

2. Each loan agreement entered into between the defendant and his defense counsel and the F new union is effective and the principal and interest of the loan is responsible for repaying the loan. The defendant himself/herself is the lender of the loan who is a party to the contract.

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