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(영문) 의정부지방법원 고양지원 2017.02.09 2015고단2145
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On November 20, 2007, the Defendant borrowed KRW 20 million from the victims of the sexual intercourse with the Defendant on November 20, 2007, but, on October 2012, the Defendant had been demanded to urge payment from the victims of the sexual intercourse with the intent to provide a promissory note with no possibility of payment as security and to extend the maturity date.

around October 4, 2012, the Defendant issued and delivered a promissory note with a face value of KRW 35 million on October 4, 2014 to the victim at a joint law office in Gangnam-gu Seoul Metropolitan Government, calculated at the interest rate of KRW 20 million per annum between five years and paid to the victim a total of KRW 35 million within two years. On the same day, the Defendant received a notarized promissory note with a face value of KRW 35 million at the said law office.

However, in fact, the Defendant did not have property under the name of the Defendant at the time, was in arrears with loans and taxes, and there was no way to secure the financial ability to repay debts within two years in the future. Moreover, since credit rating as of November 201, 2014 was of poor grade 11, which was in excess of credit, and was in excess of credit, the Defendant merely thought that the payment was due date for the victim until the date of the payment of a promissory note was due, and the Defendant did not have the intent or ability to pay the amount equivalent to the amount of the promissory note to the victim until

The Defendant deceptioned the victim as above and obtained pecuniary benefits therefrom by delaying the due date until October 4, 2014, which is the date of payment of the said Promissory Notes, from the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Application of Acts and subordinate statutes to a copy of a fair deed or promissory note;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. Sentencing specified in Article 334(1) of the Criminal Procedure Act

1. Not more than 20 million won in the scope of punishment by law;

2. Whether or not to apply the sentencing criteria.

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