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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
On September 1, 2015, the Defendant entered into a loan agreement with the victim C office located in Guro-gu Seoul Metropolitan Government, from September 1, 2015 to August 31, 2020, with a monthly interest rate of KRW 85,500, and drafted a letter of commitment that there is no plan for the application for individual rehabilitation or individual bankruptcy within six months from the date of the loan.
However, in fact, as the Defendant refused to extend the loan of KRW 30,000,00,00 which was given a loan from the Sung Correspondence with the obligation of KRW 100,000, the Defendant planned to apply for the individual rehabilitation after receiving a collective loan from the third financial rights, including the victim, and subsequently, he did not have the intent or ability to repay the debt as stipulated in the above loan contract even if he received the loan.
Nevertheless, the Defendant deceivings the victim as above and acquired 3 million won from the victim to the Agricultural Cooperative Account in the name of the Defendant on September 1, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. An investigation report (verification of the maturity, etc. for loans from the other party to the sexual intercourse);
1. Application of Acts and subordinate statutes on loan transaction agreements, certificates of commitment, mail protocol for complainants;
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;