(영문) 부산지방법원 2018.10.25 2018노2886 | 리걸엔진

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(영문) 부산지방법원 2018.10.25 2018노2886

사기

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. According to the evidence submitted by the prosecutor's appellate brief, although the court below acquitted the defendant on the charge of deceiving the bank of the victim without the intention or ability to repay, the court below found the defendant not guilty. The court below erred by misunderstanding the facts and misunderstanding the legal principles.

2. Determination

A. On June 16, 2016, the summary of the facts charged of the instant case: (a) at the Defendant’s house located in Suwon-gu, Busan, the Defendant prepared an application for a loan of KRW 30 million with the victim Hyundai Savings Bank (hereinafter “victim Savings Bank”) via the Internet lending system to the effect that the Defendant would repay the principal and interest over 60 times each month from July 1, 2016 to June 1, 2021; (b) submitted an application for a loan of KRW 921,561 to the effect that the Defendant would repay the principal and interest over 60 times from July 1, 2016 to June 1, 2021; and (c) made a false statement to the effect that he was asked by the employee in charge of lending the victim bank at the same time as the loan was examined by telephone; and (d) made a false statement to the effect that the Defendant

However, the Defendant applied for a loan of KRW 20 million from the beginning to another financial institution, and on the same day, applied for a loan of KRW 68,200,000 to the Eth-friendly savings bank. At the time, the Defendant was responsible for the existing debt equivalent to KRW 68,200,000 and 1.8,000 per month, and was thought to be used in gambling most of the loans. Therefore, even if the Defendant borrowed KRW 30,000 from the victim bank, the Defendant did not have any intent or ability to repay the loan.

Nevertheless, the defendant deceivings the victim bank as above, and thereby, he acquired 30 million won from the victim bank to the bank account in the name of the defendant on the same day as the money borrowed.

B. The judgment of the court below is mainly based on the following circumstances while clearly explaining the grounds for the judgment below.

유사 판례

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