beta
(영문) 제주지방법원 2013.12.13 2013고정885

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 4, 2010, the Defendant applied for a loan to repay the principal and interest equal for a period of 36 months after accessing the Internet lending system of Lridcop Co., Ltd. at an irregular place, and the repayment method of KRW 4 million each month, and KRW 188,000 each month. However, the Defendant did not have any intent or ability to repay the loan even if he/she received the loan, such as the Defendant was scheduled to retire three (3) days after his/her working place B at the time.

Nevertheless, the Defendant, by deceiving the victim as above, received a loan of 4 million won from the victim to the national bank C account in the name of the Defendant, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of the complaint, loan agreement, and detailed statement of the transactions of admission and withdrawal;

1. Relevant legal provisions concerning criminal facts and the choice of punishment: Article 347 (1) of the Criminal Act;

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

1. Provisional payment order: A punishment shall be determined as per Disposition by taking into account all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: Recognizing the facts of the crime and reflects: the fact of the crime; the fraud amount is not very significant; the circumstances that are the first offender without a previous conviction are not recovered from damage; and other circumstances that are not recovered from damage: It is so decided as per Disposition by the reasons above such as the circumstances after the crime and the age, occupation, and economic conditions of the defendant.