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(영문) 광주지방법원 2017.08.24 2017고정297
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On September 25, 2013, the Defendant concluded that, within the office of “D” located in Seo-gu, Seo-gu, Gwangju Metropolitan City, the Defendant would pay the principal and interest for 36 months if the Plaintiff borrowed KRW 8 million to the EF, an affiliated company for the sales of the IF Co., Ltd., the complainant.

However, even if the Defendant received the above loans, the Defendant did not have the intent or ability to repay the principal and interest.

As above, the Defendant applied for a debate, which is a secondhand loan product by deceiving the victim, and received a loan of KRW 8 million immediately, and thereby exempted the payment of the principal and interest of the loan from paying the loan as the sales price for the above used cars.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with H;

1. Application of the Acts and subordinate statutes on filing a complaint by a stock company for capital gains;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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

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

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