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(영문) 서울남부지방법원 2013.06.27 2013노556
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. The Defendant had the intent and ability to repay each of the instant loans, and there was no false statement that monthly sales of convenience stores operated by the Defendant was about KRW 10 million since the Defendant took out a loan of KRW 3 million from the victim Neloddy Loans Co., Ltd. (hereinafter “Nelody Loans”).

B. The judgment of the court below on unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the evidence duly adopted and examined by the lower court on December 5, 2011, the Defendant loaned KRW 3 million, respectively, to employees of the Defendant, on January 19, 201, by means of installment payment of principal and interest, on two or more occasions, and on March 6, 2012, the Defendant left the Republic of Korea on September 29, 201, and returned to the Republic of Korea on September 2012. The Defendant, upon application for the above loan, submitted a business registration certificate, identification card copy, resident registration card, statement of transactions, etc. with the convenience store to the employees of the Defendant, who operated the headquarters from 100,000 won to 10,000 won, and the Defendant offered convenience store to the employees of the Defendant from 20,000 won to 10,000 won, with the convenience store’s convenience store’s monthly sales from 10,000 won to 20,000 won.

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