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(영문) 서울남부지방법원 2016.06.07 2015고단4216
사기
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who has operated the collection of "C" in Gangseo-gu Seoul Metropolitan Government, and the victim D is a person who has worked as an employee in the above frequency.

On April 15, 2013, the Defendant: “Around April 15, 2013, the Defendant requires the victim to pay money.”

The loan interest rate shall be 1.5% per month, and only a few months shall be used and repaid.

“The Court made an order.”

However, at the time, the Defendant was trying to adjust the frequency due to the failure to properly manage the frequency, and the Defendant was under circumstances, such as the amount of KRW 180,000,000,000 for personal debt and KRW 20,000,000 for the number of days, in addition to the loan of KRW 180,000 for the financial right, there was no intention or ability to repay the loan even if he borrowed money from the victim.

The defendant deceivings the victim as above and acquired 20 million won through the Nong Bank account (E) in the name of the defendant under the pretext of borrowing money from the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to written complaints and written confirmation of deposits without passbook;

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

1. Selection of an alternative fine (to take into account the following circumstances):

1. The grounds for sentencing under Articles 70 and 69(2) of the Criminal Act (the scope of recommendation) of the Criminal Act (the scope of recommendation) do not apply to the sentencing guidelines. [Determination of sentence] The amount of damage in this case is not much than KRW 20 million and the amount of damage in this case has not been completed until now, etc. shall be subject to the corresponding punishment corresponding thereto.

However, in this court, the victim is not able to be punished by the defendant, the degree of deception is not active, criminal facts are recognized and seriously contradictory to the victim, and there are no criminal records of the same kind of crime and serious criminal records, and the above circumstances are considered.

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