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(영문) 창원지방법원 진주지원 2018.10.12 2018고정128
사기
Text

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

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

Reasons

Punishment of the crime

On June 2012, 2012, the Defendant: (a) received money from the No. 12 million won from the Nonghyup Co., Ltd.’s commercial office in Jinju-si, Jinnam-si; and (b) received money from the No. 12 million won from the Plaintiff, who was aware of the fact from the Plaintiff, who was in finite, to the f in f in finite, with the knowledge of f in f in finite; and (c) upon the repayment of this debt, the Defendant may obtain a loan of KRW 720 million in the name of new F.

In the event of a new loan, the term “a loan to lend KRW 20 million at low interest” was false as follows: (a) to lend KRW 500,000 to repay F’s obligations.

However, the fact was that F was not liable for 12 million won at the time, and it was not possible to obtain a new loan of 720 million won. The Defendant had no intention or ability to lend 20 million won, even if he borrowed 5.5 million won from the injured party, such as he was using the above F without any property or income.

Nevertheless, on June 19, 2012, the Defendant received KRW 5 million from the injured party to the Agricultural Cooperative account in F’s name around June 19, 2012, and continued to transfer KRW 500,000 to the G account in the name of G, an incorporated association in the operation of the Defendant on the following day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness D and F;

1. A copy of the deposit certificate of passbook (the above evidence is sufficiently recognized that the defendant borrowed 5.5 million won from the damaged person without intent or ability to repay)

Application of Statutes

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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