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(영문) 대전지방법원 2018.05.31 2017고정804
사기
Text

The accused shall disclose the summary of the judgment of innocence.

Reasons

1. On December 4, 2015, the Defendant entered into a credit transaction agreement with the victim company and the Defendant, by telephone, with a credit loan to the Daejeon Special Metropolitan City (Seoul Special Metropolitan City Mayor/Do 200,000 won, 7.1 million won, interest rate 29%, 8% per month, 292,464 won, and 36 months, respectively.

However, in fact, the Defendant did not make profits from the business that was in progress at the time, and when the obligation of financial institutions, etc. was more than 120 million won and the obligation of financial institutions, etc. was in excess of 120 million won and paid interest on the loan, etc., the Defendant did not have the intention or ability to pay the principal or interest at time even if he received the loan from the victim company.

Nevertheless, on December 29, 2015, the defendant deceivings the victim company as above, and he acquired 7,100,000 won from the victim company to the corporate bank account in the name of the defendant from the victim company.

2. Determination

A. Even if an individual who is not good in the credit standing or has insufficient financial capacity to pay a loan to a financial institution, in particular, a financial institution, a lending company, or a savings bank is bound to determine whether to grant a loan in accordance with its own standard of judgment by comprehensively taking into account the current status of the loan applicant's debts, financial status, credit standing, etc. Therefore, it is necessary to establish a credit review standard and system at its own expense and determine whether to approve and execute the loan, and it should not be easily recognized unless it is clear that the applicant has an intention to obtain a loan from the beginning or submits false data related to the loan.

B. The victim examines the loan at the time of the instant loan.

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