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(영문) 서울중앙지방법원 2012.12.13 2012고정5491
사기
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 20, 2012, the Defendant took out a loan of KRW 3,000,000 at the Changdong branch of the Yongsan-gu Seoul Metropolitan Government 14 C&T loan located at the 14 C&C 14th, Dobong-gu, Seoul, and made a false statement to the effect that “The Defendant would pay KRW 143,000 per month until January 31, 2015.”

However, even if the defendant receives 3,00,000 won from the complainant company, he did not have the ability or intention to repay it.

The Defendant acquired the money from the complainant on January 20, 201 through the above means, by transfer of KRW 3,000,000 from the complainant.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements concerning the suspect examination protocol of the defendant;

1. Application of Acts and subordinate statutes of police statement protocol to C

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion;

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