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(영문) 수원지방법원 안산지원 2017.03.23 2017고정51
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Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant stated in this part of the indictment on April 29, 2008 as “ March 26, 2008.” However, since it appears to be a clerical error and even if the Defendant corrected it without any changes in the indictment in this case that recognized all the facts charged, it would not hinder the Defendant’s right of defense, it shall be corrected ex officio as above.

알 수 없는 장소에서 전화상으로 B에게 " 여 윳 돈이 있으면 돈 좀 빌려줘 라, 이자를 주겠다, 급히 돈을 좀 빌려주면 열흘 후에 변제하겠다.

However, since the deposit collection has not been omitted, it is false to loan the deposit money to the lender with the money to be repaid without the molding, and is written in this part of the indictment as “4 million won with the passbook in the name of the defendant bank and around March 26, 2009” on the same day, but on the grounds as seen earlier, this part of the indictment is corrected ex officio for the same reason.

Upon receipt of KRW 2 million, KRW 3 million from June 13, 2008, KRW 4.5 million from September 29, 2008, and KRW 5 million from September 29, 2008, it was paid in cash to the account designated by the Defendant on March 26, 2009.

However, even if the defendant borrowed money from the beginning to B, he did not have the intention or ability to repay it.

As above, the Defendant acquired the above loans worth KRW 18.5 million by deceiving B.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Details of remittance of money from damage, and application of the statutes on the copy of the passbook transaction receipt;

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

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