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(영문) 제주지방법원 2021.01.13 2020고정548
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

On May 28, 2019, the Defendant lent KRW 40 million to the victim D within the “C” restaurant operated by the Defendant in Jeju-si, Jeju-si.

7.To pay up to 30.0

“The phrase was made.”

However, the Defendant was unable to obtain a loan under the name of the Defendant because of the lack of credit standing at the time, and the registration of a business operator was not in the name of the Defendant and was placed in the name of a third party. The Defendant had already been liable for the liability of KRW 15 million, and the creditor was placed in the business account of the above restaurant as security, and thus, there was no intention or ability to pay the loan even if he borrowed money from the victim.

Nevertheless, the defendant deceivings the victim as above and obtained 4 million won in cash from the damaged person and acquired it by deceit.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Response upon a request for cooperation in investigation;

1. Application of Acts and subordinate statutes on the loan certificate;

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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