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(영문) 인천지방법원 2017.04.21 2016고정3645
사기
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

On December 17, 2013, the Defendant lent the down payment to the victim D, “I wish to purchase the site of the factory in the Sejong city,” and to repay the down payment within 15 days, from the Seoul Jung-gu Seoul Central District Office Co., Ltd., the second floor of the building B, and from the victim D.

The land shall be purchased and the land shall be repaid with a loan as security.

The phrase “ makes a false statement.”

However, at the time, the Defendant did not have any particular property or income, while operating the company, reached approximately KRW 100 million, and was given a loan consultation with a factory site as collateral, but did not receive a definite answer that it is possible to grant a loan, and did not file an application for the above loan with a financial institution. Therefore, even if the Defendant borrowed money from the victim, he did not have any intent or ability to pay the loan within 15 days.

The defendant received 15 million won from the damaged person to the account in the name of the defendant and acquired it by money as the borrowed money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on account details;

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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