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(영문) 수원지방법원 2018.01.25 2017고정3260
사기
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

In order to obtain a loan, as if the defendant was in a relationship between B and B through Internet advertisement, the defendant was given a loan to the debtor and B, and the defendant was to use one half of the loan in installments after receiving the loan as the guarantor.

Defendant

A around June 15, 2015, "A shall call to the business entity in the Dispute Resolution Co., Ltd., and this mother's joint and several sureties, and "A shall make a false statement that "B will make a repayment according to the PPP agreement by lending 5 million won as a result of a loan with the annual interest rate of 34.8% for the five-year period, and a loan of 5 million won is to be made in installments, and B shall be a relative by telephone from the injured party and will be a guarantor.

The term "" refers to the following.

However, the defendant and B did not have any intention or ability to repay the loan even if they have obtained the loan through the Internet for the purpose of getting the loan.

Nevertheless, in collusion with B, the Defendant, as seen above, got a 5 million won remittance from the injured party under the pretext of the loan.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning the statement in B);

1. Statement made by the police against D;

1. A loan contract for full consumption of gold, inquiry about the results of transfer, and application of statutes of the contracting transaction ledger;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;

1. Selection of punishment: Selection of a fine;

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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