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(영문) 춘천지방법원 2016.05.26 2015고단1359
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 29, 2014, the Defendant made a false statement to the victim E at the D office located in Namyang-si and 203 P.M. on October 29, 2014, stating that “I will faithfully repay the principal and interest until July 31, 2015 if I lend KRW 30 million to the victim E.

However, the Defendant, at the time, was liable for the amount equivalent to KRW 123 million, including agricultural loans of KRW 70 million, KRW 10 million, KRW 20 million, KRW 23 million, and KRW 3,90,000,000, monthly wage, and there was no intention or ability to repay the amount normally even if the Defendant borrowed money from the injured party.

Around October 30, 2014, the Defendant, by deceiving the victim, received 30 million won from the damaged party to the Nonghyup Bank account in the name of the Defendant under the pretext of the loan from the injured party and acquired it by defrauded.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to the personal rehabilitation recipient and the application for personal rehabilitation;

1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, and the selection of fines (no criminal record is committed against the defendant, and interest exceeding the interest limit Act shall be paid in borrowing money in the judgment of the injured party, and the defendant shall pay all the principal borrowed from the injured party upon his/her application for personal rehabilitation.

Taking into account the submission of a reimbursement plan

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

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

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