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(영문) 인천지방법원 2015.01.15 2014고정3199
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On October 16, 2013, the Defendant was sentenced to a suspended sentence of two years on October 24, 2013 by the Incheon District Court for a crime, such as violation of the Road Traffic Act, and the judgment became final and conclusive on October 24, 2013.

1. On August 29, 2012, the Defendant: (a) concluded on August 29, 2012, the following: (b) on August 29, 2012, on the part of Seongdong-gu Seoul building 501, the Defendant lent KRW 7 million to the victim D (the age of 37) (the age of 37) “I will provide low-priced vehicles as security. I will pay back only one month.”

However, at the time, the Defendant received a request for vehicle security loans, but borrowed money from the victim due to the lack of funds to provide loans, so if the requester fails to pay interest and principal, the Defendant did not have the ability to pay the above borrowed money normally.

As above, the Defendant, as the victim, received 6,720,000 won from the victim’s account in the E name on the same day.

2. On September 10, 2012, the Defendant: (a) concluded on September 10, 2012, through the Seongdong-gu Seoul building No. 501, Seongdong-gu Seoul Building No. 501, that the Defendant leased the victim D with KRW 45 million “I will pay back only one month.”

However, at the time, the above vehicle was stolen, and there was no value to be provided as a security for the vehicle, and the defendant was given a demand for repayment of interest due to other debts, and thus, the defendant intended to borrow money from the victim to solve this problem, so even if he borrowed money from the victim, there was no ability to pay it normally.

As above, the Defendant received 4,1850,000 won from the victim through the E-name account on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (a copy of the judgment, etc.);

1. Article 347(1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts and the selection of punishment;

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