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(영문) 서울중앙지방법원 2016.08.25 2016고정924
사기등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Defendant

A and B are pro-friendly relationships.

1. On August 27, 2014, the Defendant: (a) concluded a monetary consumption loan agreement that borrows KRW 5,500,000 on the condition that the Defendant would repay a certain amount of principal and interest on August 27, 2014 to the 34.9% interest per annum from August 27, 2014 to August 26, 2019; and (b) the delayed interest rate of KRW 34.9% per annum from August 27, 2014 to the 34.9% interest rate per annum; and (c) the delayed interest rate of KRW 5,50,000 per 26 days.

However, even if the defendant borrowed money from the above company, he did not have the intention or ability to repay it.

As a result, the defendant acquired 5.5 million won from the complainant company.

2. On August 27, 2014, the Defendant forged a loan transaction agreement with the Defendant, without the consent of the lending-friendly B, in the office of the lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending-based lending

3. The Defendant, at the time and place specified in the foregoing paragraph 2, submitted to the Defendant a document prepared as such, to the Defendant, who was aware of the fact that the document was duly formed, and exercised the document.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint filed for the preparation of a joint stock company with a well-dying loan;

1. Loan transaction contract and a detailed statement;

1. Application of Acts and subordinate statutes concerning investigation reports;

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 231 of the Criminal Act (the point of aiding and abetting private documents), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), and the selection of fines, respectively, for the crime;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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