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(영문) 서울북부지방법원 2016.08.17 2016고정1254

사기

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On April 2, 2015, the Defendant was sentenced to imprisonment with prison labor for six months in Seoul Western District Court for an indecent act by force, and on September 4, 2015, the Defendant became final and conclusive on September 2, 2015.

On August 11, 2015, the Defendant, in collusion with B, applied for a loan to D in the name of the victim C at the non-commercial loan intermediary office located in Dongdaemun-gu Seoul Dongdaemun-gu, Dongdaemun-gu, Seoul. On August 11, 2015, the Defendant applied for a loan to D in the name of the victim C. The Defendant would pay the loan between 36 months in equal installments of the principal and interest on the face of B,

A false statement was made.

However, in fact, B was not in office in the Vietnam Investment Company, and even if it was granted a loan, it did not have the ability or intent to repay the loan according to the contract.

Defendant

B and as such, by deceiving the victim and deceiving the victim, the victim was transferred to one bank account (Account Number: E) in the name of B around August 11, 2015 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police officer under B;

1. A mail protocol with F;

1. A complaint;

1. Inquiries about the payment of loans and certificates of acquisition and loss of health insurance eligibility;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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;