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(영문) 대전지방법원 2017.05.16 2016고단3136
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 March 23, 2012, the Defendant made a false statement to F in charge of loan business (“F in charge of loan business”) at the E branch operated by the complainant located in the Guri-si, Guri-si, stating that “The Defendant would make a loan by operating the Jeju-si package to pay KRW 5 million on the condition that the principal and interest of KRW 2% per annum and KRW 143,213 per annum is repaid in equal installments for 36 months.”

However, even if the defendant borrowed money, he did not have the intention or ability to repay it.

The Defendant, as such, made a false statement and received KRW 5 million from F as the Defendant’s Agricultural Cooperative Account (G) on March 29, 2012.

(The defendant and his defense counsel did not have any intention to commit fraud because they had intention or ability to repay.

The argument is asserted.

In light of the evidence duly adopted and examined by this Court, at the time of the loan of this case, the Defendant was unable to pay the monthly rent of the packaging end car operated by the Defendant at the time of the loan of this case. Since the unpaid monthly rent did not remain at all when the Defendant deducted the unpaid monthly rent, the Defendant did not use the unpaid monthly rent even if it was difficult to operate the packing end vehicle at the time. The Defendant paid 36-month installments, and the Defendant did not use the loan at all at all on a monthly rent in unpaid monthly rent. At the time of the loan of this case, at the time of the loan of this case, the Defendant suspended the operation of the packing end car after the loan of 3 months after the loan and moved back to the close after the loan of this case. The Defendant did not use the remainder of the deposit amount of the leased house of this case at the time of the loan of this case to pay the borrowed monthly rent of 5 million won but did not use it in paying the borrowed monthly rent. Since the contact number and contact number of the Plaintiff’s mobile phone number and the package package car, which was an attached document, the address.

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