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(영문) 대구지방법원 서부지원 2014.10.24 2014고단997
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 31, 2013, the Defendant drafted a letter of commitment to the effect that at the Korea Job Security Center of the Victim’s Future Life Insurance Co., Ltd. on the third floor of the 1512 Commercial Infrastructure, the Defendant applied for a loan to B who is an employee of the victim and did not file an application for a loan with other financial institutions.

However, when it is difficult for the Defendant to obtain a large amount of loans at a time due to a low credit rating at the time, the Defendant received loans from the Hyundai Swiss Mutual Savings Bank in KRW 44 million on the same day with knowledge that it is difficult to make computerized inquiries about loans given by financial institutions on the same day.

Nevertheless, the Defendant, as if there was no loan from other financial institutions, was deceiving the victim as well as the Defendant, and the amount of the loan reaches a total of KRW 114 million and the monthly interest on the loan exceeds KRW 1.7 million, while the Defendant did not have any particular income other than KRW 2 million and did not have any ability or intent to repay the principal and interest of the loan properly, it was remitted from the victim to the Korean Sldrid bank account (C) in the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Copy of the loan application;

1. A copy of the loan transaction agreement;

1. Application of the statutes governing copies of credit information inquiries;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., confession, reflective nature, the fact that an agreement is reached after partial repayment of damage, and the fact that there is

1. Social service order under Article 62-2 of the Criminal Act;

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