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(영문) 서울동부지방법원 2016.06.14 2015고정1319
사기
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On January 22, 2015, the Defendant entered into a loan transaction agreement with the Defendant at the Defendant’s workplace located in Yangsan-si, Seongdong-gu, Seoul, to post a telephone at the Defendant’s office located in 24 Donx loan Co., Ltd. in Seongdong-gu, Seoul, and to pay interest at 34.8% per annum on the condition of repayment at a 59-month maturity.

However, in fact, the Defendant had reached approximately KRW 30 million of personal debt, and on January 22, 2015, the Defendant was additionally granted a loan of KRW 11 million from four lending companies other than the victim company, so there was no intention or ability to repay even if he borrowed money from the victim company.

The Defendant received additional loans of KRW 11 million from four lending companies other than the victim company, without notifying the victim company of the fact that he/she received additional loans, and received KRW 2 million from the victim in the name of loans.

Accordingly, the defendant, by deceiving the victim, acquired financial benefits of 2 million won.

Summary of Evidence

1. Statement made by the witness D in the third public trial records;

1. Legal statement of witness E;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a complaint, loan transaction agreement, investigation report (examination of documents submitted by a suspect), list of personal rehabilitation creditors, list of loans to be used, list of personal rehabilitation creditors, detailed statement of banking transactions, benefit specifications, investigation report (verification of the status of a suspect's debt), investigation report (Hearing of suspect's telephone statement), and voice file-related Acts and

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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