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(영문) 부산지방법원 2016.08.24 2015고정4714
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On July 7, 2015, the Defendant filed an application for a loan on the victim corporation Domp Co., Ltd. at his/her own residence located in Busan-gu, Busan-do, and in currency with a person in charge of business affairs whose name is not known, the Defendant paid KRW 34.9% per annum on a loan of KRW 4 million, and KRW 234,00 per month for 24 months.

“However, the Defendant did not have any intent or ability to repay the money in accordance with the loan agreement even if he/she borrowed money from the damaged person due to no special property or income at the time.

Nevertheless, as above, the defendant deceivings the victim company's position, and he received 4 million won as the loan from the victim to the account in the name of the defendant on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. The result of inquiry into the fact of the Rip Co., Ltd. of this court;

1. Loan transaction contracts, customer ledger, loan agreement, confirmation of transaction details, inquiry of transaction details, and detailed credit information;

1. Application of business registration certificate and Acts and subordinate statutes certifying standard value-added tax;

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

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