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(영문) 전주지방법원 2018.04.06 2017고단1626

사기

Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 2013, the Defendant made a false statement that “The Defendant would have a 99 million won loan under the name of four” to the victim E (n, 34 years of age) who made a female job-friendly job offering. The monthly interest and loans will be repaid in full.”

However, in fact, the Defendant did not have any personal property or certain income at the time, and even if having received a loan under the name of the victim, there was no specific plan to repay the loan including the interest on the loan that should be repaid every month, and there was no intention or ability to repay the loan.

Nevertheless, the Defendant received necessary documents, etc. from the injured party, and submitted them to Alju Capital Co., Ltd., and received a loan of KRW 99 million in the name of the injured party on March 11, 2013, and received a loan of KRW 99 million in the name of the injured party, thereby imposing an obligation equivalent to KRW 90 million on the injured party and acquiring a pecuniary benefit equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Application of Acts and subordinate statutes to a detailed statement of banking transactions and a written application to be entered into with the issuer;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the crime, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. All circumstances, such as the method of deceiving the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the amount of damage, the agreement with the victim, and the relationship with the victim were considered.