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(영문) 춘천지방법원 속초지원 2017.01.11 2016고단285
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 October 21, 2015, the Defendant, at the D cafeteria located in the Youngcho-si, Si around October 21, 2015, provided that “The Defendant would pay his office” to the victim E.

A loan shall be made with a loan of KRW 10 million in the name of the victim, and a loan shall be made three months after the loan.

The phrase “ makes a false statement.”

However, the Defendant, without a certain income, was in excess of the Defendant’s obligations due to financial institutions, such as mountain and Sym Savings Bank, including KRW 40 million, and KRW 66 million personal obligations, and even if he/she received additional loans after three months, he/she was planned to use it for the repayment of the Defendant’s existing obligations, and even if he/she received a loan under the name of the victim, he/she did not have the intent or ability to repay it within three months.

Nevertheless, on October 23, 2015, the defendant concealed the above circumstances, deceiving the victim, and let the victim borrow KRW 10 million from the slot Capital around October 23, 2015, and then acquired the check from the victim on the same day with the delivery of KRW 10 million as a loan.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the suspect against the defendant (including the substitution of the suspect);

1. Statement protocol by the police for E;

1. A copy of the bankbook, a certificate of borrowing and loan application;

1. Details of transactions, copies of post office check cards, details of accounts of victims, and details of hospitalization;

1. Application of the Acts and subordinate statutes to the complaint;

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. On February 4, 2015, the Defendant, with reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, committed the instant crime without being aware of the fact that he/she was sentenced to two years of suspended execution on February 12, 2015 and the judgment became final and conclusive on February 12, 2015, and committed the instant crime without being aware of the fact that he/she was in the period of suspended execution. The damage is not completely recovered.

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