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(영문) 대구지방법원 의성지원 2018.05.17 2017고단324
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the above fine is not paid, 100,000 won shall be converted into one day.

Reasons

Punishment of the crime

On December 2, 2013, the Defendant stated that “The Defendant would pay fees and consulting costs if he/she receives a low interest rate loan from the first financial right,” to the victim E, who is an employee of the contract-based bank of SC, in lieu of living expenses, card payment, 2 financial rights unpaid, personal debts, etc., and receive a loan from the Public Official Pension Management Corporation of the Public Official Pension Management Corporation of the Public Official Pension Management Corporation of the Public Official Pension Management Corporation of the Public Official Pension Management Corporation of the Public Official Pension Management Corporation of the Public Official Pension Management Corporation of the Public Officials of the Republic of Korea.”

However, the Defendant did not notify the victim of the amount equivalent to KRW 40,000,000,000 for personal debt, and it was difficult for the Defendant to preferentially pay to the victim the amount of the loan received from the Public Officials Pension Corporation due to the debt amounting to KRW 180,000,000 at the time, and the Defendant did not have any intent or ability to pay the credit card amount and interest amount to KRW 200-3,000,000 each month.

On December 6, 2013, the Defendant received KRW 16 million from the damaged party to the Agricultural Cooperative Account under the name of the Defendant, from the time on December 30, 2013, and received a total of KRW 34,840,565 from the time on December 30, 2013, including the transfer of KRW 16 million, by December 30, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes, such as a certificate of transfer confirmation;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of the Criminal Procedure Act, exceeds KRW 34 million. However, on December 5, 2017, the Defendant repaid KRW 20 million to the victim on December 5, 2017, and the Defendant was in custody of KRW 5,339,937 of the deposit amount for the victim in the rehabilitation account of the individual rehabilitation procedure.

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