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(영문) 서울서부지방법원 2015.07.01 2015고단830
사기
Text

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

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

Reasons

Punishment of the crime

On December 3, 2012, the Defendant purchased a high-end car from the D alliance store located in the Dong-gu Seoul Special Metropolitan City C 116, Dong-gu, Incheon, and made a false statement that the Defendant would pay the principal and interest in installments for 30 months on the loan to the staff in charge of the victim Aju Capital Co., Ltd..

However, at the time, the defendant did not have any property and did not have any intention or ability to repay even if he received a loan from the victim company because he did not have any specific occupation or class.

On December 3, 2012, the Defendant, by deceiving the above employees, received KRW 16.2 million from the victim company for the purpose of loans.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a written agreement, deposit statement, and monetary statement;

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. The defendant is also a financial institution with reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order and is also responsible for a fine in consideration of the fact that the defendant did not sufficiently examine the defendant's financial ability to repay the loan, that the defendant paid the amount of damage, that the defendant agreed with the victim company, and that there was no record of punishment heavier than that of a fine in the same kind. The punishment shall be determined as ordered by the order, comprehensively taking

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