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(영문) 서울남부지방법원 2014.01.15 2013고정3908
사기
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

From November 7, 2012 to November 16, 2012, the Defendant made a false statement that “The Defendant, at the office of the Defendant located in Yongsan-gu C&A located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Yongsan-gu, and, at the office of the Defendant, sent a telephone to the victim (ju), who is an employee in charge of lending, shall pay KRW 4 million in installments every 210,000 per month for the 30-month loan to a person who is an employee in charge of lending.”

However, the Defendant had already been liable to pay approximately KRW 78 million in total, and the Defendant, as an instructor of a private teaching institute, obtained a monthly income of approximately KRW 4.5 million, and has experienced economic difficulties while making up for the repayment of existing loans, living expenses, and school expenses for children, and there was no intention or ability to repay the above loans.

The Defendant received a total of 4 million won from the above victim to his own account two times in total as a loan.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of the table of the estimated amount of repayment of individual rehabilitation claims, such as complaint forms, loan transaction contracts, applications for approval for loan, examination and assessment statement, credit certification and delivery service, statement of credit delivery and delivery, documents of transaction, each decision, credit information meeting, and

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

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