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(영문) 서울중앙지방법원 2015.07.22 2015고정1759

사기

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On November 30, 2011, the Defendant applied for a loan of KRW 4 million through the Internet loan system of Ldcop Co., Ltd., the Defendant agreed to repay the loan by means of repayment of principal and interest, stating the workplace as the representative of entertainment information newspaper, and paying KRW 188,00 per month.

However, the defendant was not the representative of the entertainment information newspaper, and there was no intention or ability to repay even if he received a loan from the victim company.

The Defendant, by deceiving the victim as such, received 4 million won from the victim company to the Cit Bank account (B) in the name of the Defendant.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. Report on investigation (matters to be directed by prosecutors), report on investigation (verification of a suspect's workplace), investigation report (where known, 38 pages of records);

1. A complaint statement (a certificate of payment, a loan agreement, a statement of transactions, and a statement of credit standing information in the Han-gu, Han-gu, and Han-gu) and a statement in C;

1. Application of Acts and subordinate statutes of business cooperation contract;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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