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(영문) 인천지방법원 2014.01.09 2013고정3208
사기
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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

On September 24, 2012, the Defendant called at the Defendant’s house of the Nam-gu Incheon Metropolitan City C Apartment 5 Dong 804, and received KRW 7 million from the Defendant’s bank account in the name of the Defendant on the day, the Defendant was transferred from the Defendant to the Defendant’s bank account in the name of the Defendant, for a 30-month period, KRW 370,000 as the principal and interest of each month if the Defendant loaned KRW 7 million to the Defendant, and is not in a current bankruptcy state, and there is no possibility to file an application for personal rehabilitation or personal bankruptcy within the next three months. The Defendant did not have any personal liability against the third party except for the financial rights and loan financing obligations of the NICE Information Company.”

However, at the time of fact, the Defendant used the so-called Maspbook and assumed the obligation of KRW 500 million to the lending company, etc., and not only was subject to a lawsuit claiming the payment of a loan of KRW 270 million from an individual creditor, and the above borrowed money was planned to be used as both the interest of the existing loan and the credit card price, and there was no intention or ability to pay the loan properly.

Accordingly, the defendant deceivings the victim as above, and obtained 7 million won from the victim, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of the Acts and subordinate statutes governing loan transaction contracts, Incheon District Court decisions, notices, list of individual rehabilitation creditors, details of transactions by banks in the name of the suspect, and the Incheon District Court 201No18594 case search;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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