(영문) 수원지방법원 2013.06.20 2012고정3119

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(영문) 수원지방법원 2013.06.20 2012고정3119

사기

Text

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

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

Reasons

Punishment of the crime

Even if the defendant borrows money from others, he did not have the intention or ability to repay it.

Nevertheless, on December 1, 2011, the Defendant agreed to receive a loan of KRW 3 million from the date of lending to the victim well-dying Loan Co., Ltd. and to pay the principal and interest (interest rate of KRW 39% per annum) on November 20, 2014 by November 20, 201.

As such, the Defendant, by deceiving the victim as such, received 3 million won in money as a loan from the victim.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement made by witnesses E in the second protocol of the trial;

1. Application of Acts and subordinate statutes to accusations, loan transaction contracts, transaction statements, and transaction statements of passbooks;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

1. The judgment of the defendant and his defense counsel on the assertion of the defendant under Article 334 (1) of the Criminal Procedure Act and the defense counsel alleged that the defendant did not have the intention to obtain the loan at the time of the loan. Thus, the following circumstances acknowledged by the above evidence do not seem to have made a false statement on the facts that may affect the credit rating of the defendant at the time of the defendant's loan application. However, at the time of the loan, the defendant's debt was about KRW 40 million and about KRW 2.2 million of the defendant's monthly actual receipt amount, and about KRW 1.5 million of the existing debt, KRW 1.5 million of the previous debt, and KRW 5 million of the monthly actual receipt amount of the loan and KRW 1.41,000 of the principal and interest amount of the loan as indicated in the judgment of the defendant were almost almost remaining, and it was difficult for the defendant to make a false statement on the defendant's application for personal rehabilitation around December 1, 201>

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