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(영문) 수원지방법원 2016.03.16 2015고단921
사기
Text

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

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

Reasons

Punishment of the crime

On July 18, 2014, the Defendant entered into a loan agreement on the condition that the principal and interest on the 15th day of each month between July 15, 2017 and July 15, 2017, by applying for a loan to the victim victim corporation Shop on a telephone, with a rate of 34.9% per annum.

However, even if the defendant received a loan from the victimized company, the defendant did not have the intention or ability to repay the loan normally, such as the above contract terms.

Nevertheless, the defendant deceivings the victimized company as above, and thereby, he was transferred 4 million won to the national bank account (C) in the name of the defendant on the same day from the victimized company.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements of D;

1. Application of Acts and subordinate statutes on loan agreements, written confirmation of details of transactions, loan transaction contracts, resident registration abstractss, details of transaction of deposits and withdrawals, and application of detailed information on Korean styles;

1. Article 347 (1) of the Criminal Act of the relevant Article of the Criminal Act concerning the facts constituting an offense (the choice of punishment and the first offense shall be taken into account);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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