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(영문) 서울남부지방법원 2015.06.17 2015고정667

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.

Reasons

Punishment of the crime

On June 20, 2011, the Defendant loaned KRW 500,000 per month to the victim C as it is necessary to pay the premium to maintain customers' insurance, and made a false statement on March 2012, 201.

However, in fact, the defendant was not able to pay the fraternity to 2 million won due to the failure of the defendant to pay the fraternity, and the fraternity was thought to be used as insurance premiums to maintain the insurance of the customers. At the time, the debt was KRW 200 million per month, and the premium to be paid for each month was about KRW 3 million to maintain the insurance of the customers, and the monthly income is about KRW 4 million per month, and there was no intention or ability to pay the borrowed money to the victim on the date of repayment.

The Defendant, by deceiving the victim as above, received KRW 5 million from the national bank account in the name of the Defendant on the 24th of the same month under the pretext of borrowing money from the victim and acquired it by deceit.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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;