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(영문) 인천지방법원 2013.04.19 2013고정970
사기
Text

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

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

On October 16, 2012, at around 12:42, the Defendant made a telephone to Abaghum Co., Ltd. located in the 7th floor of Yeongdeungpo-gu Seoul Metropolitan Government B building, and made a false statement to the said complainant that “The Defendant would demand a loan of KRW 300,000 to be used as a full-time loan. To lend KRW 3 million, the Defendant would make a repayment until October 16, 2017, and the interest would pay KRW 90,000 per annum to 39% per annum.”

However, the defendant did not have the intention or ability to repay the loan in good faith even though he/she received the loan from the complainant company.

As such, the Defendant, by deceiving the complainant company, received KRW 3 million from the post office “C” account under the name of the Defendant under the name of the complainant.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of statutes on a copy of a post office passbook;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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