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(영문) 대구지방법원 김천지원 2017.02.16 2017고단25

사기

Text

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

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

Reasons

Punishment of the crime

On January 11, 2017, the Defendant was sentenced to two years of imprisonment for fraud in this Court, and the judgment became final and conclusive on the 19th of the same month.

On June 30, 2015, the Defendant prepared a loan transaction agreement with the content that he/she will borrow 7 million won from the victim D Co., Ltd. and repay 200,794 won each month in installments during the period of 60 months, and a letter of commitment to confirm that he/she has not any obligation other than the obligation confirmed at the time of loan examination, and submitted it to the above victim by mail on the same day.

However, in fact, at the time of the application for the above loan, the Defendant had already contributed to KRW 200,000,000 from the lender, and invested the loan borrowed from the above loan and the financial right in a foreign futures transaction, and had deteriorated the financial status by considering losses. Without any repayment plan, the Defendant was planning to receive the loan simultaneously from other loan companies than the victim, and thus, there was no intention or ability to pay the loan even if the Defendant received the loan from the injured party.

After all, the defendant deceivings the victim as above and acquired 7 million won from the victim to the new bank account in the name of the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Attachment of a copy of a certificate of remittance confirmation, a copy of a deposit statement, a copy of a loan transaction contract, and a written statement of the complainant's agent;

1. Previous convictions in judgment: Application of a written reply to inquiries, such as criminal history, and final and conclusive judgment (16 highest judgment of 1850,000), and statutes;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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;