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(영문) 대구지방법원 김천지원 2017.08.22 2017고정288
사기
Text

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

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

Reasons

Punishment of the crime

On May 13, 2016, the Defendant applied for a loan of KRW 30,00,000 per annum, interest rate of KRW 27.7% per annum, repayment period of KRW 60 months, and monthly repayment of KRW 928,652 by telephone to the Victim Hyundai Savings Bank Co., Ltd. on or around May 13, 2016, and the Defendant applied for a loan of KRW 928,652 to the victim.

The phrase “ makes a false statement.”

However, on May 13, 2016, the Defendant borrowed 83,574,107 won in total from five lending companies, including 10,000,000 won, 10,000 won, 33,804,107 won, and 20,000,000 won, from the loan and 33,804,107 won from the HK Savings Bank.

The defendant deceivings the victim as above and acquired 30,000,000 won on the same day from the victim to the account under the name of the defendant under the name of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Complaint;

1. Application of Acts and subordinate statutes governing recording records;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order reaches KRW 30 million, and the amount equivalent to the amount obtained by deceptive money has not been repaid.

However, the defendant reflects the crime of this case.

The Defendant agreed with the victim smoothly.

In the above circumstances, the punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing, including the degree of deception of this case, Defendant’s age, sexual conduct, family relationship, and circumstances after the crime.

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