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(영문) 서울남부지방법원 2016.05.11 2016고정442
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On February 2, 2013, the Defendant took out a loan of KRW 3 million from the Victim Log Capital Loan Co., Ltd. at a store located in Mapo-gu Seoul, Mapo-gu, Seoul around February 2, 2013, and met the Defendant’s private village D as a joint guarantor.

However, the defendant, without the above D's permission, arbitrarily opened a Handphone in the name of D, and then got the victim's cell phone from the victim's will and inquire about D's credit through the mobile phone use certification, and arbitrarily signed D's signature in the loan transaction contract, personal information consent form, etc., and the defendant did not have any intent or ability to pay the debt properly even if he received a loan from the victim due to the lack of any other self-sufficiency at the time.

Nevertheless, on February 20, 2013, the Defendant, by deceiving the victim as such, received 3 million won from the victim to the national bank account in the name of the Defendant from the victim, and acquired it through the remittance of 3 million won under the name of loan.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made to F and D;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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