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(영문) 전주지방법원 2017.05.29 2016고정652
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On June 15, 2015, the Defendant: (a) at the D cooperative office located in Full-gu Seoul Special Metropolitan City, Busan Special Metropolitan City; and (b) at the victim Co., Ltd.’s Republic of Korea.

In the indictment, “3 million won is lent to the employee in charge at the rate of 34.8% per annum, and each month interest is paid at the rate of 34.8% per annum, and 2020.2) The indictment is written as “2010.” However, according to the records (in the investigation record 9, 110 pages), it is clear that this is a mistake of “20”, and there is no concern that the exercise of the defendant’s right to defense may be a substantial disadvantage. Thus, the indictment is modified ex officio.

6. will repay up to 15.

The phrase “ makes a false statement.”

However, in fact, the Defendant did not have any particular revenue or property as the dividend received as a member of the D Cooperatives at the time of the reduction of the point of issue, while the Defendant did not have any intention or ability to repay the dividend even if it borrowed money from the victim because the amount of debt exceeds 217 million won.

On June 15, 2015, the Defendant received 2,998,500 won from the damaged party to the Agricultural Cooperative Account (E) under the name of the Defendant and acquired it by fraud.

2. Defendant 1 called “On the date, at the place, at the time, and at the place as described in the above paragraph 1, Defendant 1 called “a monthly interest rate of 34.9% per annum on the loan of 3 million won to the responsible employee, and paid the monthly interest until June 30, 2020.”

However, in fact, the Defendant did not receive any dividend that he received as a member of the D Cooperatives and did not have any other income or property, while the obligation is at least 217 million won, and thus there was no intention or ability to repay the dividend even if he borrowed money from the victim.

On June 15, 2015, the Defendant received KRW 3 million from the damaged party to the said Agricultural Cooperative Account under the name of the Defendant and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the witness F and G in the third public trial record;

1. A protocol concerning the examination of the suspect against the defendant;

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