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수원지방법원 안양지원 2018.08.16 2017고단1998

The sentence of sentence against the defendant shall be suspended.


Punishment of the crime

On March 22, 2017, the Defendant agreed to lend 4,500,000 won to the victim D's D's and the victim's company at his/her own residence of 101, 901, Dong-gu 101, Dong-dong 101, to the Defendant at interest rate of 27.9% per annum, and the interest payment date is the 25th of each month, and the 60-month principal free redemption is the condition that the secured property is not sold, etc. in the form of promissory note

However, even if the defendant borrowed 4.5 million won from the victim company, he did not have an intention or ability to change it on the date of promise.

As above, the Defendant deceptioned the victim company and acquired a total of 4,50,000 won from the victim company to the agricultural passbook (E) in the name of the defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. A fine of 700,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Sentence (Article 59(1) of the Criminal Act (In light of the developments leading to the instant loan agreement, the content of a letter of commitment prepared and submitted by the defendant to the victim company at the time of the contract, the time and process of the trust sale of an apartment owned by the defendant, etc., the criminal intent concerning the occurrence of damage seems to be dolusent; the defendant has no criminal history of the same kind;