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(영문) 인천지방법원 부천지원 2017.01.24 2016고정1569
사기
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 17, 2015, the Defendant called for a loan from Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul Metropolitan Government, 755, 1 Dong 309 (State), and consulted on credit loans to employees in charge of loans and employees. The due date: September 25, 2020; 34.90% per annum; 34.90% per annum; 25% per annum; and 30 million won per annum: The repayment method: (a) the condition is the repayment of the free repayment of principal (payment of interest accrued each month); and (b) the details of the transaction of deposits in the head of the Tong (the confirmation of monthly wage); (c) the loan transaction agreement; and (d) the written confirmation; and (e) the victim received KRW 7 million from the “victim (State)” (the victim immediately after submitting the written confirmation) loan.

However, the facts did not have the intention or ability to repay even if they were given a loan from the injured party.

As such, the Defendant, by deceiving the victim, was given KRW 7 million under the pretext of credit loans from the victimized party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes governing personal rehabilitation of suspects, filing of a complaint, a loan transaction agreement, a written confirmation of transaction, and a statement of confirmation of remittance;

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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