beta
(영문) 부산지방법원 동부지원 2017.09.14 2017고단411

사기

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant was a representative of B.

On June 10, 2016, the Defendant called the Busan-gun C Apartment Co., Ltd. 114 and 804, and falsely concluded that “The Defendant would repay KRW 5 million per annum 27.90% per annum on the loan, and KRW 114,657 per month on every 15th day of the loan.”

However, the defendant did not have the intention or ability to pay the price even if he borrowed five million won from the complainant company.

Nevertheless, such a member has been transferred to one bank account under the name of the accused by the complainant to the bank (D) account under the name of the accused.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a loan transaction contract, loan agreement, written confirmation of transaction details, customer president and loan transaction details, detailed credit information on the credit of Korea and Japan, and the details of transactions for entering and withdrawing a suspect;

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

1. Articles 70 and 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;