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(영문) 서울북부지방법원 2017.07.07 2017고정1001
사기
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 17, 2011, at a restaurant where the trade name in the Gangnam-gu Seoul Metropolitan Government Cheongdamdong is unknown, the Defendant extended a loan of KRW 10 million to the victim B ( South, 46 years of age) at the rate of KRW 39% per annum per week per week, and the principal amount at the rate of KRW 3.2% per month from the date following the loan shall be KRW 100,000 per annum, and the interest shall be repaid at the rate of KRW 100,000 per annum for 20 days from the date the principal is paid in full.

The term "" means "the defendant prepared a loan transaction agreement with the victim, but the defendant did not have any intent or ability to pay the loan even if he/she borrowed money from the damaged party due to the failure of the existing debt and business.

The defendant deceivings the victim as above, and he received from the injured party the 10 million won in cash for the purpose of the loan from the third party, i.e., the 10 million won.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared B;

1. Complaint;

1. Loan transaction contract;

1. Application of Acts and subordinate statutes on a copy of passbook;

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

1. Selection of an alternative fine for punishment;

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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