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(영문) 인천지방법원 2017.09.22 2016고단7486

사기

Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

On September 4, 2017, the public prosecutor's application for amendments to the indictment was made on the date of the nine public trial on September 4, 2017. The defendant borrowed KRW 25 million from the victim B on March 24, 2014 and received a request for return after the due date, and repaid approximately KRW 12 million out of the above KRW 25 million in the Nam-gu Incheon Metropolitan City around December 1, 2014, the defendant paid KRW 13.1 million to the victim in return for the defendant's disposal of the remainder of the loan as the result of the extension of due date until March 1, 2015, and preparing a fair certificate.

“A false statement was made to the effect that it was “.”

However, the facts did not have been approved by the Defendant that he was used by the Defendant for the repayment of the above obligation, and even if he was paid the interest, etc. on the loan from the capital company, even if he was paid the interest, etc., and even if he was paid the loan from the capital company, he should preferentially use the loan interest, etc., so the period of repayment is extended from the injured party as above.

Even if until then, there was no intention or ability to repay the remainder of the loan amount of KRW 13.1 million.

Around December 1, 2014, the Defendant: (a) by deceiving the victim; and (b) by deceiving the victim; (c) prepared a fair deed of the foregoing content; and (d) obtained the pecuniary benefits of delay due to the extension of the due date for repayment by being deferred until March 1, 2015, with regard to the obligation of KRW 13.1 million.

Summary of Evidence

1. Some of the statements made to the accused in each police interrogation protocol (in the case of 17 times a net statement, including B);

1. Statement made by the police against B;

1. Complaints, process deeds, specifications of transactions, and motor vehicle registration ledger;

1. The application of Acts and subordinate statutes to the investigation report (20 times a month);

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;