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(영문) 대전지방법원 2017.04.19 2017고단645
사기
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On December 9, 2015, the Defendant would pay 195,000 won each month for four years at the Dagdart office the victim (ju) who was on the 322 Shyero 32 Syero 6 Syero, Gangnam-gu, Seoul, for the amount of KRW 5 million at the interest rate of 34.9% per annum.

The phrase “ makes a false statement.”

However, the Defendant had already been unable to repay approximately KRW 13 million with the loan from the K Savings Bank. On the same day, not only the victim company, but also the savings bank, savings bank, savings bank, and hump, etc. are expected to receive additional loans and use them for the purpose of repaying obligations, etc., so there was no intention or ability to repay the loan even if it was borrowed from the victim.

Nevertheless, the defendant obtained a loan of 5 million won from the injured party on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Loan transaction contract;

1. NICE credit information;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The determination of the sentence identical to the order shall be based on the following factors: (a) the full repayment of the amount of damage on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act; (b) the reflection of the fact that the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime:

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