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(영문) 의정부지방법원 2016.06.09 2016고정413
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

around August 18, 2015, the Defendant, Digital Guro-gu Seoul Metropolitan Government, 30-gil 28 201, Inc., Ltd.

In the name of the father, the principal and interest will be repaid to the employee who has not made the loan of KRW 50 million without the framework of the principal.

In the future, it made a false statement to the effect that "not to file a petition for individual rehabilitation or bankruptcy within six months."

However, at the time of fact, the Defendant did not have any property, and there was no intention or ability to repay the borrowed amount as agreed because of economic circumstances such as the need to file an application for personal rehabilitation after about one month, and there was no intention or ability to pay the borrowed amount, as the income of about one million won per month was over KRW 300 million per month.

The defendant deceivings the victim as above and received 5 million won from the victim under the same day as the borrowed money.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint;

1. Application of Acts and subordinate statutes on loan transaction contracts;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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