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(영문) 대전지방법원 2017.11.14 2017고단2637

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

At the laundryhouse operated by the Defendant in Daejeon Seo-gu, Daejeon on July 4, 2016, the Defendant paid the victim C interest of KRW 500,000 per month on the loan of KRW 20 million, and the principal shall be repaid on July 3, 2017, which is after one year.

The purport of the laundry Lease Agreement (Guarantee Money KRW 20 million, monthly rent KRW 800,000), and a certificate of seal impression, which is operated as a security for this, was to be stated.

However, the above laundry amount of KRW 20 million was deducted due to the failure to pay monthly rent, and the said laundry was used by oral contract without a deposit at KRW 1.1 million, and even if the Defendant’s existing obligation was borrowed money from the damaged party, there was no intention or ability to pay the money.

Nevertheless, the defendant deceivings the victim as above and obtained the delivery of KRW 20 million from the victim as the borrowed money.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes entered in the police statement protocol against C;

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. Consideration of the reason for sentencing of Article 334(1) of the Criminal Procedure Act, the method and scale of the crime, the amount of defraudation, the partial repayment of small sum amount after the prosecution, and the beginning of the crime, etc.