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(영문) 의정부지방법원 2017.04.20 2017고정139
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

[criminal records] On April 21, 2016, the Defendant was sentenced to eight months of imprisonment for fraud at the District Court of the Jung-gu District on the charges of fraud, and the judgment became final and conclusive on June 17, 2016.

[2] On September 10, 2015, the Defendant applied for a loan of seven million won (one million won from September 10, 2015 to August 31, 2020, interest rate of 34.9%, free ice repayment method, and guarantor D) by phone call to the victim company B (representative C) (representative C) at the site of the disaster.

However, the defendant did not have the intention or ability to repay the loan.

As such, the Defendant, by deceiving the victim company, received 7 million won from the injured party immediately and acquired the remittance from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. Letter of postal service;

1. Details of transactions and a loan transaction agreement;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment of a copy of the judgment);

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 provides that the principle of equity shall be taken into account when a judgment on the record of the crime as stated in the reasoning of sentencing is rendered concurrently with the crime for which a final judgment has become final and conclusive. The established crime is deemed to include the fraud committed against the guarantor of the loan contract of this case, and is partly exempted from the application of this case.

However, in consideration of the fact that the above established crime and the crime of this case are not only the victims, but also the use of the loan of this case, and the circumstances where the defendant endeavored to recover damage are not revealed, a fine under the summary order is imposed.

As such, the sentence shall be determined as per the Disposition.

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