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(영문) 광주지방법원 2013.04.18 2013고정594
사기
Text

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

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

Reasons

Punishment of the crime

On December 02, 2011, the Defendant borrowed 18,500,000 won from the victim Ariju Capital Co., Ltd. on the condition that he/she will equal the principal and interest of 8th day of each month from October 08, 201 to December 08, 2012.

In fact, however, even if the victim received a loan from the victim and used the loan, the installment did not have the intention or ability to pay it normally.

The Defendant, by deceiving the same victim, took out a loan of KRW 18,500,00 from the victim, and repaid KRW 2,387,189 only as principal and interest on three occasions, and did not repay the remainder of KRW 16,112,81.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes on the application for the flusium and the flusium agreement;

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. According to the reasoning of sentencing under Article 334(1) of the Criminal Procedure Act, according to the Defendant’s statement, the sentence is to be determined as per Disposition in consideration of the following: (a) the Defendant’s benefit derived from the instant crime is not so large; and (b) the Defendant has no criminal record of the same kind; etc.

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