logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 원주지원 2014.02.12 2013고정616
사기
Text

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

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

Reasons

Punishment of the crime

[criminal power] On June 4, 2010, the Defendant was sentenced to one year and eight months of imprisonment with prison labor for the crime of occupational embezzlement, etc. in the original state branch of the Chuncheon District Court, which became final and conclusive on December 30, 2010. On March 16, 2011, the Defendant was sentenced to four months of imprisonment with prison labor for the crime of occupational embezzlement, etc. in the original state branch of the Chuncheon District Court, which became final and conclusive on March 24, 2011. On February 1, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for the crime of fraud, etc. from the original state branch of the Chuncheon District Court, which became final and conclusive on August 17, 2012.

【Criminal Facts】

On February 15, 2006, when the Defendant opened a credit business office in the name of “C” in the original city B, the Defendant received a request for a loan from the obligor, then operated the said credit business office by receiving a loan from the victim D, making a loan to the obligor, and receiving the principal and interest from the obligor.

On January 24, 2008, when the Defendant was requested to borrow KRW 5 million from E from the French land around January 24, 2008, the Defendant stated that “E shall pay interest of KRW 20 million per month on the face of borrowing KRW 20 million to E, and make a provisional registration on the apartment owned by E. The principal and interest shall be responsible for and collected from E.”

However, it is difficult for the Defendant to pay approximately KRW 10 million per month interest on the personal debt at the time. Accordingly, the Defendant borrowed KRW 20 million from the victim and borrowed KRW 20 million to E and borrowed KRW 5 million from the victim, and the remainder was planned to use for the Defendant’s personal debt repayment, so there was no intention or ability to pay the principal and interest on the loan even after borrowing money from the victim.

The defendant received from the victim the above 20 million won on the same day after deducting 10 million won as a prior interest from the victim, and borrowed 5 million won among them to E, and acquired the remainder of 14 million won.

Summary of Evidence

1. Defendant's legal statement;

1. The police of D. D.

arrow