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(영문) 대전지방법원 천안지원 2017.06.22 2017고단704
사기
Text

A defendant shall be punished by imprisonment with prison labor for three months.

except that the execution of a sentence shall be deferred for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has worked as a business of the company of the company of the company of the company of the company of the company of the company.

On February 24, 2016, at the time of the Incheon Bupyeong-gu C and 11th floor, the Defendant applied for a personal credit loan of KRW 35 million to E, a fund raiser of the victim KB Capital Co., Ltd. at the location of Hyundai Capital D, in which the Defendant was employed, and written a written application for a loan of KRW 1,228,768 or KRW 990,118 each month to repay the principal and interest of KRW 36 months or 48 months.

However, at the time, the Defendant was liable for the amount of KRW 200 million loans.

In addition, at the time, the defendant used the fact that the loan information is not shared for two to three days from the date of loan between financial institutions, and the other financial institutions have considered to receive large amounts of loans additionally.

Accordingly, from February 25, 2016 to February 26, 2016, the Defendant actually applied for a loan to the victim, 9 million won in Korea Standards Bank from February 25, 2016 to February 26, 2016, KRW 19.6 million in one card, KRW 24 million in a new card, KRW 20.6 million in Samsung Card, KRW 28.7 million in Samsung Card, and KRW 17.9 million in total at 6 places of financial rights, such as KRW 6 million in a lot card, was additionally loaned, and the loan was existing.

The amount of 200 million won was used as repayment of loans, investment in Chinese speculative fund, etc.

In addition, the defendant did not have the intention or ability to repay even if he received the loan from the injured party, such as he was retired from his office in the modern capital.

The Defendant concealed this situation to the victim.

As such, the Defendant deceivings the victim as if he were to repay the above debt from time to time, and then acquired the amount of KRW 35 million on February 25, 2016 from the victim to the corporate bank account in the name of the Defendant and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement protocol (F);

1. Various documents attached to the written complaint;

1. A copy of the integrated personal credit information, details of calculation of termination on a mid-term basis, and delegation contracts;

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