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(영문) 대구지방법원 2016.09.29 2016고단3196
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

"2016 Highest 3196"

1. On September 3, 2015, the Defendant paid 4.3% annual interest on a loan of KRW 60 million to a person who is in charge of the loan at the sexual Dong branch of the victim I Co., Ltd., Ltd. located in Suwon-gu, Daegu-gu, Daegu-gu, as a public official.

“A false representation was made.”

However, in fact, the Defendant filed an application for individual rehabilitation around 2009 when the amount of the loan was approximately KRW 90 million accumulated from around 2005, and on March 18, 2015, the remaining credit was disposed of as a result of the reduction or exemption of the existing credit after the decision of the country of individual rehabilitation was made. Upon the cancellation of the record of the loan, the Defendant used this point to think of the amount of debt equivalent to KRW 100 million additionally incurred at the time of individual rehabilitation and did not have any intent or ability to repay the loan borrowed from the damaged person.

As above, the Defendant had taken out a loan of KRW 60 million on the same day from the injured party by deceiving the victim.

2. On September 7, 2015, the Defendant: (a) at the same place as Paragraph (1) around September 7, 2015, paid the lender “a domestic public official, who is a retirement allowance security loan, at the rate of 2.92% per annum, and repaid until September 5, 2016.

“A false representation was made.”

However, in fact, the defendant transferred the passbook receipt prior to his retirement to another account and did not think of being provided retirement benefits to the victim as security, and only he was able to use the loan from the victim to pay his personal debt, but did not have the intention or ability to repay the loan to the victim.

As above, the Defendant had taken out a loan of KRW 28.9 million from the victim by deceiving the victim and deceiving the victim.

On October 12, 2015, the Defendant stated that “Around October 12, 2015, the 2016 Highest 3679, the Defendant borrowed the victim capital by telephone from the Daegu Suwon-gu J, Daegu-gu, which he/she works, “The Defendant borrowed five million won as he/she needs to pay money urgently.”

However, the defendant's obligation accumulated around that time exceeds approximately KRW 150 million.

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