logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2013.07.17 2013고정406
사기
Text

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

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

Reasons

Punishment of the crime

In fact, even if the Defendant borrowed money from the victim C under the pretext of running a charnel business with no certain income at the time of the occurrence of the loan, it was thought that the victim would borrow money for the business and arrange to borrow money from the victim and receive the intermediary expenses. Therefore, even if the Defendant borrowed money from the victim, it did not have any intention or ability to repay the money.

Nevertheless, around April 18, 201, the defendant issued 9,300,000 won after deducting 700,000 won as the interest immediately before the victim from the victim and acquired it by fraudulent means that "the monthly salary of the members who operate the charnel house business shall be given to the victim, and if he fails to do so, he shall be given the monthly salary of the members who operate the charnel house business."

Summary of Evidence

1. Prosecutions and police suspect interrogation records of the accused;

1. Statement to C by the police;

1. A copy of the loan certificate, a certified copy of the name card, and a passbook;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 of the Criminal Act and Article 347 of the same Act concerning the crime, the choice of fines;

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

3. The defendant asserts that he/she had intent and ability to pay money when he/she borrows money from C in determining whether he/she will or not under Article 334(1) of the Criminal Procedure Act.

According to the data submitted by the Defendant, the CJ Co., Ltd. established a charnel-related management plan, including crematoriums, in Ulsan Metropolitan City around 2008. On or around December 2010, 2010, the Hyundai MMco corporation decided to participate in the Ulsan Park project (pre-paid loans of 67 billion won). However, it is recognized that there is no progress in the project due to the aggravation of the economic conditions of financial institutions and the change of the project, etc. after the loan, but the following circumstances recognized by the records of this case are recognized, namely, ① the Defendant on April 18, 201:

5.18. Redemption.

arrow