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(영문) 수원지방법원 성남지원 2018.01.10 2017고정982
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On July 1, 2016, the Defendant: (a) was the victim D Co., Ltd. in Osan-si; (b) was in arrears with the amount of medical insurance premium of KRW 2.8 million at the time; and (c) was paid KRW 6 million from the post office account in the name of the Defendant on the same day to the victim, on the following grounds: (a) even if the Defendant borrowed money from the victim, such as having an intention or ability to repay the money, the monthly rent of KRW 3 million, the Defendant did not have an intention or ability to repay the money; and (b) was paid KRW 6 million to the victim immediately after the loan of KRW 6 million from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A process deed;

1. Details of deposits;

1. The defendant and his/her defense counsel are unable to pay the borrowed money within the due date due to changes in circumstances, and they did not have the intent to obtain the money by deception against the defendant;

The argument is asserted.

However, in light of the circumstances acknowledged as a whole by the evidence in the judgment, namely, the victim and the defendant appears to have not been able to have been able to pay the borrowed money to the victim if the defendant had not promised to pay the borrowed money within a short-term period, and the defendant's assertion that he would not have been able to pay the borrowed money, and if the defendant claimed that he would have been able to pay the borrowed money, it is confirmed that he would not have borrowed the borrowed money from the victim within a short period of 20 days from the date of borrowing the due date. In light of the claim status of the defendant at the time, the possibility of collecting claims, and the defendant's credit standing at the time of borrowing the borrowed money, the defendant would not have been able to pay the borrowed money to the victim, or, at least, have been aware of the possibility that the above borrowed money would not be repaid at the time, and the defendant would be able to accept the risk.

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