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(영문) 서울북부지방법원 2016.03.25 2015고정1855
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant did not have any intention or ability to repay his personal debt amounting to approximately KRW 400 million even if he borrowed money from others.

Nevertheless, around December 23, 2014, the Defendant applied for a loan transaction agreement with the victim KONEX 28201, Guro-gu Seoul, Seoul, to the "No later than 34.9% per annum, interest 114,720 won per month, contract term, and December 22, 2019" at the victim KON 28201, Guro-gu, Seoul, Seoul, for a loan transaction contract office, and instead, did not notify the amount of debt not revealed in the credit information inquiry, thereby deceiving the Defendant as if he or she had the intent or ability to complete the loan, and acquired the loan from the victim as if he or she had the intention or ability to do so, by means of a business registration certificate, income certificate, etc. without notifying the amount of debt not revealed in the credit information.

Summary of Evidence

1. The legal statement of the witness C;

1. A complaint;

1. Investigation report (report accompanying the suspect's credit information inquiry data at the time of loan);

1. Proof of remittance, receipt of a transaction ledger, a monetary consumption and lending contract, certification of business registration, certification of standard taxation of value-added tax, and application of Acts and subordinate statutes certifying amount of income;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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 concerning the order of provisional payment;

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