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(영문) 서울북부지방법원 2021.01.29 2020고단4854

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On September 2018, the Defendant changed the victim D and the victim E at the “C” coffee shop located in the Chungcheongbuk-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, to the amount of KRW 20 million with loan and KRW 20 million with the cost of departure from employment to F. The amount of loan will be repaid for five months each month.

“.....”

However, in fact, the Defendant had already paid approximately KRW 120 million to financial institutions and individuals, and there was no intention or ability to pay the amount normally even if he borrowed money from the victims, as the Defendant had already paid approximately KRW 4-50 million interest every month.

Nevertheless, on October 10, 2018, the Defendant received KRW 20 million from the victims as the borrowed money.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the police against D;

1. Each written statement of D and E;

1. Details of deposit transactions and statement of account classification;

1. Response to credit information;

1. Application of the Acts and subordinate statutes to report an investigation into a witness, and to report an investigation into a witness H telephone;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. In full view of the favorable circumstances, such as the Defendant’s age, sexual conduct, motive for the crime, circumstances after the crime, and the scale of damage, the sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) shall be determined as indicated in the Disposition, taking into account the following factors: (a) the Defendant’s age, sexual conduct, motive for the crime, circumstance after the crime, and the amount of damage, in full repayment of the borrowed amount to