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(영문) 수원지방법원 2016.11.17 2016고정2219
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant, in the amount of KRW 270,000,000 owed by husband C, had the due date for repayment of part of the debt, with the intention to use the repayment date for the repayment of the debt of the above C, with a lot of loans available from several lending companies on the same day.

On October 17, 2014, the Defendant, by telephone, entered into a loan transaction agreement with the victim (the State) (hereinafter referred to as the “Plaintiff”) immediately, with a written confirmation that “No one may file an application for personal rehabilitation or personal bankruptcy within three months after the future.” The Defendant entered into a loan transaction agreement with a third party with a loan agreement with a loan amount of three million won and thirty-six months during the repayment period, with the content that “no one may file an application for personal rehabilitation or personal bankruptcy within the subsequent three months.”

In fact, the defendant did not have a certain income, and her husband C did not have an intention or ability to make a normal repayment even if he/she received a loan because of a large debt.

Accordingly, the defendant deceivings the victim and received 3 million won from the victim to the Agricultural Cooperative Account under the name of the defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Loan transaction contract;

1. Statement of examination;

1. Application of Acts and subordinate statutes governing adjudication of bankruptcy;

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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are against the defendant's recognition of the crime of this case, the defendant's primary crime, the defendant's age, family relationship, environment, circumstances of the crime of this case, and the circumstances after the crime, etc., shall be comprehensively considered in light of all the sentencing conditions as stated in the records and arguments of this case.

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