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(영문) 의정부지방법원 2013.09.11 2012고정1148
사기
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 500,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

On April 27, 2011, the Defendants made a false statement to the G Office of Co., Ltd. operated by the victim F in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, 5 Dong 5-dong 3, that “Defendant A shall pay the victim the card price of KRW 2,331,759 with the payment of the card price of KRW 2,31,759, and shall be paid with money at around May 15, 201 and at around 20 days from the strengthening of Gyeonggi-do, and Defendant B shall also make a false statement to the victim that “A shall also pay the card price if it is not paid by A.”

However, in fact, Defendant A did not have a certain occupation or property at the time, and Defendant A did not have an intent or ability to pay the amount to the victim even if the victim paid the card price in lieu of his/her own use in the status that Defendant A did not have a certain amount of occupation or property and Defendant A had a debt of KRW 9 million and the victim was registered as a bad credit holder

The Defendants had the victim pay 2,331,759 won in total of the credit card payments in the name of Defendant A’s wife H, which was used by the Defendants on the same day.

As a result, the Defendants conspired to induce the victim to obtain pecuniary benefits.

Summary of Evidence

1. Defendants’ partial statement

1. Statement made by a witness F in the third protocol of the trial;

1. Some statements in the suspect examination protocol of Defendant A by the prosecution;

1. Some statements in the suspect examination protocol of Defendant B by the prosecution (limited to Defendant B);

1. Inquiries of the fact-finding report on NE Credit Rating Information;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Article 347 (1) and Article 30 of the Criminal Act and the choice of fines for the crime;

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

1. Determination as to the assertion by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order

1. The defendant A and his defense counsel paid the overdue card payment for the credit-backed branch's business rights. Thus, the defendant A and his defense counsel committed fraud.

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