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(영문) 창원지방법원 밀양지원 2017.11.23 2017고정88
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who serves as an insurance designer.

On May 23, 2016, the Defendant loaned money to the victim D at the C cafeteria located in Syang-si B, “(10,000,000 won, which is necessary to pay) for three months.”

“The phrase was made.”

However, in fact, since the Defendant had a debt equivalent to about KRW 10 million in agricultural cooperatives and did not have income, and it is not clear whether to recover the time limit money, even if he/she borrowed money, he/she did not have an intention or ability to pay it after three months.

The defendant deceivings the victim as above and was given 10 million won as the loan from the injured party.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The loan certificate;

1. A detailed statement of passbook and a detailed statement of deposit transactions;

1. Application of the Acts and subordinate statutes of the Guarantee Board of Debt;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 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;

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