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(영문) 서울동부지방법원 2017.12.22 2017고단1273
사기
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 9, 2016, the Defendant made a false statement to the employee in charge of the loan by putting a telephone on the victim (ju) Corp on the off-site, stating that “I would like to obtain five million won loans, because I would like to obtain five million won loans from the employees in charge of the loan at the location of Songpa-gu Seoul Metropolitan Government B B 101 and C’s residence at the second floor.”

However, the defendant did not have the intention or ability to pay the principal and interest normally from the first time even if he/she received a loan from the victim company in a more state than the revenue at the time.

Nevertheless, the defendant deceivings the employees in charge of loan as above and acquired 5 million won from the victim company to the bank account (Account Number: D) in the name of the defendant on the same day.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes concerning filing of a complaint, statement protocol, and account transaction;

1. Article 347 (1) of the Criminal Act, the selection of a fine (the confession of a crime by an investigative agency, the intentional defraudation is not deemed to lead to the crime, and the same kind of punishment is not deemed to have been achieved, etc.) for the crime;

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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