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(영문) 인천지방법원 2015.06.08 2015고정1651
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 15, 2013, the Defendant called the victim mountain and loan 383-7pon building 302, Busan-dong, Busan-dong, Busan-dong, the Defendant called the victim mountain and loan 2,000,000 won to the 350,000 won per month from March 25, 2013 to September 25, 2015.”

However, in fact, the Defendant had no particular property at the time of the loan, and was expected to leave Canada with his family after five (5) days from the time of resignation of the workplace and arranging the domestic life, and received a large number of loans at the same time. Since the loans were intended to be used as repayment of existing debts or expenses for departure from Canada, there was no intention or ability to pay the principal and interest of loans normally even if they were to receive loans from the victim

Nevertheless, the defendant, as such, was accused of the victim's non-titled counselor in the name of the vice-branch of the victim's company, and was remitted KRW 7 million from the victim on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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