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(영문) 의정부지방법원 고양지원 2015.09.17 2015고단1531
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around December 5, 2011, the Defendant loaned KRW 34,00,00 to the victim Korean Capital Co., Ltd. office in Gangnam-gu, Seoul, 889-14, the 18th century, on the security of the cargo vehicle. However, on April 2013, the contract was terminated on May 29, 2013, and the above cargo vehicle was delivered to the victim on July 8, 2013.

On August 20, 2013, the Defendant found in the above office and stated that “In order to work, the Defendant would pay KRW 900,105 per month for KRW 23,956,518, which has yet to be repaid each month for 36 months, if the freight would have been paid to the employees of the victim company due to the need for a re-loan contract. In addition, the Defendant would put up the wife as the guarantor because there is a deposit under the name of the wife.”

However, in fact, the defendant did not have obtained consent from the wife, and even if the defendant re-contracts with the victim, he did not have the intention or ability to pay installment normally.

As above, the Defendant entered into a re-loan agreement with the victim, namely, at 23,956,518 won from tin, and received goods from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of each loan agreement, each receipt status, each certified copy or abstract of resident registration, each certificate of personal seal impression, power of attorney, deposit contract, claim transfer or takeover contract, and statutes of registration certificate;

1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;

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;

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