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(영문) 수원지방법원 2014.11.19 2014고정2344
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On October 28, 2011, the Defendant stated, at the victim D’s office located in the wife population C, that “The Defendant purchased an apartment house with a loan of KRW 90 million from the Citti Bank, which is being made available to the Defendant. An apartment house was made out by auction due to a default on the interest of the loan, and the payment of interest in arrears was to be made within one month.”

However, the defendant had no intention or ability to pay the credit card within the agreed period, even if he/she borrowed money from the victim, such as the situation where it was difficult for him/her to receive a loan from the second financial right because the credit card price has already been in arrears.

The Defendant, by deceiving the victim, received 5,500,000 won from the victim to the Agricultural Cooperative Account under the name of the Defendant, and fraudulently acquired it.

Even if the victim knew that the apartment house of the defendant was at the time of the lease of this case, he did not know the existence and scope of the defendant's other card payment obligations, etc., and even though the defendant did not fully repay it after one week or one month, it is difficult to do so up to now. In full view of the above, it is recognized that the defendant had the criminal intent to commit the crime of fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes concerning borrowing certificates and details of transactions;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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