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(영문) 인천지방법원 부천지원 2018.05.11 2018고정42
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant around August 20, 2014, at the victim D's house located in Gangseo-gu Seoul Metropolitan Government Gangseo-gu Seoul Metropolitan Government around August 20, 2014, there is an urgent entry of money to the victim.

The loan will be paid with interest of the loan and the principal.In this case, the loan will be paid with the loan interest.

“A false representation was made.”

However, at the time, the Defendant was in bad credit standing and was liable for debt amounting to KRW 90 million, such as lending from financial institutions, etc., even if the Defendant borrowed money from others, there was no intention or ability to repay it in time.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained the delivery of KRW 3,200,000 from the victim on August 19, 2014; (c) KRW 500,000 on August 29, 2014; and (d) obtained the delivery of KRW 6,10,000,000 on September 1, 2014.

Summary of Evidence

1. D Legal statements;

1. The statement that, around August 2014, around August 2014, the Defendant’s debt owed to financial institutions and individuals was KRW 3 to 40 million, and that, around around around around around 2014, a large amount of debt was KRW 40 to 500,000 per month, and that, after lending from a bank, it was prevented from returning the debt and was subsequently prevented from returning the debt.

1. Application of statutes on details of account transactions in the name of the complainant;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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