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(영문) 서울북부지방법원 2013.07.24 2013고정1223
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On May 4, 2012, the Defendant applied for a credit loan by telephone to an employee in the name of the victim sloping Capital Co., Ltd. on May 4, 2012, the Defendant made a false statement to the effect that he/she has no special obligation to pay the annual income of KRW 15 million from February 1, 2012, and that he/she would pay the principal and interest of KRW 281,539 (Annual interest rate of KRW 26.6%) every month for 36 months.

However, the Defendant did not have any fixed income due to the absence of a certain occupation, and the Defendant did not have any intent or ability to repay the debt amounting to KRW 240,000,000 to the Hyundai Marine Fire that received a loan as collateral, and even if he received a loan from the victim, he did not have any intention or ability to repay the loan.

As above, the Defendant, by deceiving the victim’s personnel in distress of his name, got transferred KRW 10 million to the national bank account in the name of the Defendant on the same day from the employee, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Articles 70 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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