사기
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds of appeal (misunderstanding of facts) is as follows: (a) at the time of the instant loan; (b) the Defendant’s total amount of debt reaches KRW 2.40 million; (c) the Defendant was using so-called “the so-called card return prevention”; (d) the actual monthly revenue was limited to KRW 1.8 million; and (e) the Defendant applied for personal rehabilitation when paying interest only three times after the instant loan and not paying interest; (b) the Defendant sufficiently recognized that the Defendant received the loan from the damaged person without the ability to repay or intent to repay; and (c) if the Defendant notified the victim of the fact that the Defendant had personal debt worth KRW 1.50 million, the instant loan was not made; and (d) the relationship between the Defendant’s deception and the act of disposal by the victim is recognized.
2. Determination
A. On June 11, 2015, the Defendant of the instant facts charged: (a) on the part of the Defendant’s house located in Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-si, and (b) on the part of the victim (the State) from the Defendant’s house located in the Defendant’s house located in Seoyang-gu, Seoyang-gu; and (c) on the part of lending KRW 80 million to an employee, the Defendant paid monthly interest; and (d
There is no personal debt except financial right debt, and there is no plan to apply for individual rehabilitation or individual bankruptcy.
“The purpose is to make a false statement, and to prepare a loan transaction agreement with the above contents.”
However, in fact, the Defendant did not have any particular property, and even though the monthly income was approximately KRW 3.1 million, there was a personal obligation equivalent to KRW 15 million to creditors D, including financial right obligations, and the above income was difficult to cover the interest cost. After borrowing money from the damaged party, the Defendant did not have any intent or ability to repay the borrowed money because it was planned to apply for personal rehabilitation after borrowing money from the injured party.
As above, the defendant deceivings employees in the name of the victim, and thereby deceivings them, the victim shall be KRW 4 million on June 11, 2015, and KRW 4 million on July 28, 2015.