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(영문) 서울북부지방법원 2018.05.24 2018고정543
사기
Text

Defendant shall be punished by a fine of 1.8 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 9, 2015, the defendant lent 10 million won to the victim C at the "Yeong-si, Law Firm 293" office located in Young-gu, Suwon-si, Suwon-si, and paid 4% interest of 4% per month on July, 201, and repaid the principal six months after the payment.

“.....”

However, at the time of fact, the defendant was in progress with the individual rehabilitation procedure, and even if he borrowed money from the victim with the debt of KRW 150 million, he did not have an intention or ability to repay the principal after six months.

The defendant deceivings the victim as above, and he obtained 10 million won from the victim and obtained the delivery of 10 million won.

Summary of Evidence

1. Statement made by the police against C;

1. Complaint;

1. A process deed;

1. A criminal investigation report (Submission of data by a complainant);

1. Application of Acts and subordinate statutes to investigation reports ( telephone conversations for witnesses);

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

1. Article 334 (1) of the Criminal Procedure Act (the defendant has the intention and capacity to repay);

However, the above assertion is not acceptable in light of the defendant's obligation details, the time of occurrence, the loan process of this case, etc.

Provided, That the above punishment shall be determined in consideration of the amount actually received by the defendant.

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