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(영문) 창원지방법원 진주지원 2018.10.18 2018고합59
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Around May 21, 2015, the Defendant, at the branch of the C Bank located in Kimhae-si (hereinafter “instant loan”), applied for a credit transaction of KRW 1.4 billion to the C Bank located in Kimhae-si (hereinafter “instant loan”), and agreed to set up a mortgage on the land and building belonging to the factory located in Kimhae-si (hereinafter “instant loan”). Pursuant to the Factory and Mining Foundation Mortgage Mortgage Act, the Defendant, as the machinery and equipment, which has the effect of the said mortgage, is the type five types of private typesetting period equivalent to KRW 765 million at the market price of the said factory (hereinafter “private typesetting period”), as the Defendant’s ownership.

However, in fact, around July 2014, the Defendant paid only 10% of the down payment from E Co., Ltd. (hereinafter “E”) and received the remainder, and then the ownership was reserved in E as a private type of money for which the Defendant did not pay the remainder.

The defendant deceivings the victim as above, and he received 1.4 billion won of the loan from the victim to the C bank account under the name of the defendant on the same day.

2. The Defendant and his defense counsel’s assertion in the instant loan application did not mean that the instant private type of loan was owned by the Defendant as shown in the facts charged, and the employees in charge of the Defendant’s loan included it in the collateral list formally for the convenience of the loan examination even though the said private type of loan was aware that the ownership of the instant private type of loan was reserved, and the security value provided by the Defendant exceeds the amount of the instant loan. As such, it is not recognized that the Defendant’s fraud, deception, and fraud related to the instant facts charged are not recognized.

3. A financial institution, such as the victim, determines to grant a loan after self-examination as to whether it satisfies its own lending standards, such as self-reliance or collateral value, before implementing the loan.

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