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(영문) 대구지방법원 김천지원 2017.08.29 2017고단529
사기
Text

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

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

Reasons

Punishment of the crime

1. On May 23, 2016, the Defendant drafted a loan transaction agreement on the condition that “5 million won and interest rate of 27.9%” and “5 million won and interest rate of 5 million won and 60 months during repayment period,” at a place where it is not known around May 23, 2016.

However, since the defendant had already been liable for 294 billion won before receiving the loan, there was no intention or ability to repay the loan even if it was executed.

Nevertheless, the Defendant was transferred 5 million won to a new bank account in the name of the Defendant on the same day from the damaged person.

2. On May 23, 2016, the Defendant entered into a loan transaction agreement on the condition of “5 million won and interest rate of 27.9%, each five months before the due date for interest payment, and 60 months during repayment period,” at a place where it is not known around May 23, 2016.

However, since the defendant had already been liable for 294 billion won before receiving the loan, there was no intention or ability to repay the loan even if it was executed.

Nevertheless, the Defendant was transferred 5 million won to a new bank account in the name of the Defendant on the same day from the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each complaint;

1. A report on investigation (report on asset value, including real estate, and on confirmation of debts);

1. Application of Acts and subordinate statutes of one copy of a loan transaction agreement, written confirmation, certificate of remittance, notice of personal rehabilitation, notice of commencement of individual rehabilitation, and inquiry about the status of repayment;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The order of provisional payment;

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