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(영문) 수원지방법원 2015.04.22 2014고단3759
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 13, 2012, the Defendant made a false statement to the effect that “the Defendant would repay the principal of the loan to 15 million won at an annual interest rate of 29.9%, and the principal for 36 months,” at the C Office of the Co., Ltd., Ltd., Ltd., Ltd., which is located in Ssung City B, the Defendant applied for the loan by setting up a loan agreement.

However, the Defendant did not have any other property, and ② at the time of the loan from other financial institutions, the Defendant had a cost of KRW 200,000 to KRW 30,000,000, and ③ was seeking to use the loan from the victim company as the gambling fund, and even if the loan was granted from the victim, there was no intent or ability to repay the principal and interest as agreed upon.

The Defendant, as above, by deceiving an employee under the victim’s name in distress, received KRW 15,00,000 from the victim’s account in the name of the victim and received delivery of KRW 15,00 from the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of the police statement law to D;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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