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(영문) 광주지방법원 순천지원 2014.05.13 2014고정123
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On August 22, 2013, the Defendant made a false statement to the effect that “If the apartment charter fund is required, if it is lent KRW 15 million, it shall be used as the fund for the lease on apartment house, and the above loan shall be repaid in good faith for the 572,080 won each month from September 20, 2013 to August 20, 2016.”

However, in fact, the Defendant did not have certain income and did not have any property, and rather, there was a debt amounting to KRW 10 million from an enterprise bank, and was the intent to use the loan from the victim for entertainment expenses. Therefore, even if the loan was granted, there was no intention or ability to repay the loan, and there was no intention to use the loan as a security deposit.

Nevertheless, on August 22, 2013, the Defendant, as seen above, was transferred from the victim’s employee to the Gwangju Bank account (Account Number: B) in the name of the Defendant on August 22, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is against the defendant, the defendant's age, occupation, health conditions, etc. are considered.

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