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(영문) 인천지방법원 2015.05.14 2015고정1183
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around December 18, 2012, the Defendant, “2015 High 1183, the Defendant, using a false employment certificate, the benefit passbook, and the benefit passbook, provided that the victim and the agreement agreed to pay 39% per annum, overdue interest per annum, 39% per annum, and 60 months in December 18, 2017, and acquired the loan amount of 2.5 million won through the Defendant’s name bank passbook (B).

The defendant was a C employee in the Bupyeong-gu Incheon Metropolitan Government, the defendant of "2015 High 1184", and the victim company is the 14-15 Madcop Cop Cop, Ltd. of Yeongdeungpo-do, Yeongdeungpo-gu, Seoul Metropolitan Government.

Even if the Defendant received a credit loan from the victim company from the beginning, the Defendant did not have any intent and ability to repay the loan.

Nevertheless, on December 18, 2012, the Defendant called the victim's company in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, as the victim's company in the Bupyeong-gu, Incheon., the Defendant called the victim's company and received the money from the victim's company to "Seo-gu, Incheon, Co., Ltd., with a loan of KRW 3 million to pay the money," and he received the money from the victim's employees to the passbook (E) that the Defendant informed in advance from the victim's employees.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes on the transfer certificate, loan contract, and loan transaction contract;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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