logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2017.01.20 2016고정1088
사기
Text

A fine of two million won shall be imposed on a defendant.

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

Reasons

Punishment of the crime

On April 19, 2016, the Defendant, at the office of the victim C Co., Ltd. located in the 14th floor of Busan Busan District B building on the 14th floor of the 2016 Busan District, was to pay KRW 1.8 million each 1.85 February 15, 2018 to a staff member in charge of the location where his name is unknown as D himself, with the interest rate of KRW 27.9% per annum, if he loans KRW 3 million at the interest rate of 27.9% per annum.

“The loan transaction agreement was drawn up for the same purpose.”

However, the Defendant did not obtain consent from D with respect to the said loan transaction as his/her father-child, not the D himself/herself. Around August 26, 2014, the Defendant loaned 3 million won from the injured party to the said loan transaction, but failed to repay as agreed upon. At the time, the total amount of the loan was about eight million won, and the amount of the loan at that time was singing out, and the said money should be used as the interest of the loan and living expenses, etc., so there was no intention or ability to repay the loan even if he/she borrowed money from the injured party.

Ultimately, the Defendant, as above, by deceiving the above-in-charge, received 3 million won as a loan to D from the injured party.

Summary of Evidence

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

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a copy of each loan application and of age evaluation information;

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

1. Articles 70 and 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;

arrow