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(영문) 청주지방법원 2014.05.22 2014고정270
사기
Text

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

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

Reasons

Punishment of the crime

On January 7, 2013, the Defendant stated that “The Defendant would have the victim obtain a loan from the owner of the victim D’s house located in a reasonable district of Cheongju-si, by removing the documents, such as a certified copy of resident registration necessary for the loan,” in front of the house of the victim D.

However, the defendant received a loan under the name of the victim and paid only a part of the loan to the victim, and the remainder was thought to be used by himself, and there was no intention or ability to repay the loan even if he used the loan under the name of the victim due to no certain income or property at

Nevertheless, the Defendant, by deceiving the victim, obtained a family relation certificate, a copy or abstract of resident registration, and a copy of a passbook (Account Number E) in the name of the victim from the bank in the name of the victim on January 8, 2013, and obtained a loan of KRW 3 million from the bank in the name of the victim from the Savings Bank in the name of the victim, and acquired it by deceiving the victim by means of not paying the remaining two million won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of transaction records-related Acts and subordinate statutes to loan and credit account;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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