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(영문) 수원지방법원 안산지원 2016.06.02 2016고정224
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On September 24, 2014, the Defendant made a speech and behavior that the Defendant would have paid the monthly installments to the staff in charge of the victim case (hereinafter “victim”) at the “C” located in the Nam-gu Incheon Metropolitan City, Dong-gu, Incheon, as if he were to pay the monthly installments at the time, and the equipment was paid KRW 256,682 during the period from September 24, 2014 to September 20, 2016 by receiving KRW 5 million with the “China-gu loan” as the “China-gu, Seoul” loan, and then registered the transfer in the name of the Defendant.

However, the defendant did not have certain occupation and income at the time, and there was no special property in possession, and there was no intention and ability to pay the installment at the time to the damaged company.

As above, the Defendant, as a result, by making a false statement to the staff in charge of the victimized company, received 5 million won as a loan from the victimized company, and paid 30,000 won as an installment, and took liaison over 5 million won and lockedly.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Application of each Act or subordinate statute to the statement in the complaint, summary statement, delivery note of mortgaged vehicles, the ledger of motor vehicle registration, and the statement of transactions (use for certificates of balance of debts);

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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