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(영문) 부산지방법원 2015.08.13 2014고정4295
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

1. On October 1, 2010, the Defendant, who committed the crime of October 1, 2010, concluded that “on October 1, 2010, the Defendant would have faithfully repaid each month by lending three million won to a staff member in charge of loans in the name of the victim mountain and loan company in Busan High Court.”

However, in fact, the defendant did not have any particular property, occupation, or income at the time, and even if he borrowed money, he did not have any intention or ability to pay it in accordance with the agreement.

As above, the Defendant, by deceiving the victim as above, was given KRW 3 million under the same day loans from the victim.

2. On October 7, 2010, the Defendant committed the crime of October 7, 2010, the Defendant concluded that “A worker in charge of loaning KRW 3 million to repay the loan in good faith each month by making a loan to the victim Cho Jae-gu Loan Co., Ltd. at the Busan Daily District around October 7, 2010.”

However, in fact, the defendant did not have any particular property, occupation, or income at the time, and even if he borrowed money, he did not have any intention or ability to pay it in accordance with the agreement.

As above, the Defendant, by deceiving the victim as above, was given KRW 3 million under the same day loans from the victim.

Summary of Evidence

1. Protocol of the police statement concerning B;

1. C’s statement;

1. An inquiry into the details of D transactions, a principal financial transaction (a new bank), a monetary loan contract, a loan contract, a written application for a loan, a specification, a loan transaction agreement, or a list of interest rates;

1. Application of the police investigation report (Attachment of a record file) Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act concerning the applicable law and the choice of punishment for the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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