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(영문) 광주지방법원 2016.12.07 2016고정1858
사기
Text

The sentence against the accused shall be determined by a fine of one million won.

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

Reasons

Punishment of the crime

On December 9, 2015, the Defendant called the victim corporation corporation, a lending company, at the non-commercial area not more than Masan-dong, Chungcheongnam-gu, Gwangju-si, and made a false statement to the lender of the above company "it is possible to repay the loans because the Defendant is in office in the company B.

However, the defendant did not have the intention or ability to repay the loans from the victim as an unemployed person.

As such, the Defendant, by deceiving the employees of the victim company, drafted a loan agreement and a loan transaction agreement with the victim company as of December 9, 2020 with the interest rate of 34.90% per annum, and the due date of payment as of December 9, 2020, and acquired 3 million won from the victim company to the Agricultural Cooperative (C) account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint filed by Ridcop;

1. A loan agreement;

1. Application of Acts and subordinate statutes on loan transaction contracts;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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