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(영문) 울산지방법원 2017.03.17 2017고정6

사기

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, at around 12:00 on September 12:0, 2015, was the victim L-Chin-ro 16, 404, a 16th-ro, Sinwon-si, Sinwon-si, and, on the L-Chin loan, the Defendant loaned money to the employee in charge, “A credit card may be used again if the credit card was unpaid and the credit card was paid.” On the other hand, the Defendant would be informed of the card number and password so that the credit card can be used within the city, regardless of the receipt of the cash service.

“.....”

However, the Defendant did not have property and occupation at the time, and did not pay monthly interest equivalent to KRW 16 million to other loan companies, and even if the card payment was overdue, there was no intention or ability to change the card payment from the victim company even if he borrowed money from the victim company.

Ultimately, the Defendant, as seen above, deceiving the staff in charge of the victim company, and had the staff in charge transfer the amount of KRW 4,750,000, which is owned by the victim company on September 9, 2015.

Accordingly, the Defendant received property from the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

1. Relevant legal provisions concerning facts constituting an offense, Article 347(1) of the Criminal Act that prescribes the choice of punishment, and the selection of fines (including the fact that there is no previous capacity to do so and the fact that it is a crime committed with willful negligence);

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;