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(영문) 수원지방법원 안산지원 2016.10.11 2016고단1309
사기
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 29, 2013, the Defendant: (a) filed an application for a credit loan of KRW 30,000,000 with the victim’s future life insurance company located in Ansan-si Co., Ltd., Ltd. at the time of Ansan-si (86), and submitted to the employee in charge of the loan, a letter of commitment to the effect that “the Defendant will immediately repay the loan when there is an application for the loan to another financial institution and there is no intention to obtain it repeatedly; and (b) 15 business days after the execution of the loan from the five business days before the enforcement date as of the time of the loan.”

However, in fact, the defendant applied for a loan to another financial institution and received a double loan, and around that time, the defendant did not notify the victim company of the loan amounting to KRW 30 million from the company bank, KRW 7 million from the national bank, and KRW 24 million from the Korean Lifelong, although he received the loan amounting to KRW 3 million from the Korean National Bank, it did not notify the victim company of the loan amounting to KRW 3 million each month. However, the defendant was paid a salary of KRW 3 million each month, but he did not have any intent or ability to repay the loan to the victim company.

Around October 1, 2013, the Defendant deceivings employees in charge of lending funds of the victim company and received 30 million won as loans from the victim company to the new bank account (B) with the Defendant’s name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Complaints of future life insurance companies;

1. Application of an application for loan transaction, a letter of undertaking, and credit information inquiry-related Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The following circumstances for sentencing under Article 334(1) of the Criminal Procedure Act, and other records, such as the defendant's age, occupation, character and conduct, environment, and circumstances before and after the instant crime.

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