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(영문) 의정부지방법원 2014.02.13 2014고정43
사기
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Criminal facts

On August 27, 2010, the Defendant prepared and submitted a written confirmation of the loan agreement stating that the Defendant would apply for a credit loan of KRW 3 million to the victim Nene Balar Loan Co., Ltd. in the sixth floor of Seocho-gu Seoul Metropolitan Government, and that the Defendant would repay 150,000 won per month, including the principal and interest, by July 1, 2013.

The defendant stated in the above loan agreement agreement that he was a full-time employee of C Co., Ltd. and that he was about KRW 28 million.

However, at the time, the Defendant did not notify the victim of this fact even if he received a loan from the victim, even if he did not have any intention or ability to repay it even if he did not receive a loan from the victim. The Defendant did not have any intention or ability to pay it even if he received a loan from the victim.

Nevertheless, the Defendant, by deceiving an employee who works for the victim company, received KRW 3 million from the victim on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the complaint, supplement of complaint and statement;

1. Application of Acts and subordinate statutes on loan application and details of deposit and withdrawal transactions;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the suspended sentence of sentence of the Criminal Act reflects the Defendant’s mistake while recognizing the facts charged in the instant case; the amount of the instant loan is not more than three million won; the victim was paid the full amount of the instant loan from the Defendant on February 5, 2014, which was after the instant indictment, and withdrawn the Defendant’s complaint against the Defendant; and the Defendant was punished by a fine of one million won as a violation of the Trademark Act by the Jung-gu District Court on April 10, 2003.

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