logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 부산지방법원서부지원 2020.09.18 2019고정1075
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On August 7, 2018, the Defendant, at the office of “C” operated by the Defendant in Gangseo-gu Busan Metropolitan City, requested the victim D, who is an employee of the Defendant, to obtain a loan of KRW 50 million in the name of the victim, “The Defendant will be exempted from receiving only deposits from the lending company to the passbook in the passbook, and will be allowed to use the passbook at the time when the telephone is off.”

Around August 8, 2018, the Defendant made a false statement to the victim at the above office stating that “I will receive a loan with a passbook of 18 million won or more from the lender, and I will receive a loan from the lender at the off-face. I will make a full payment at once when the company’s operation is well-grounded.”

However, at the time of fact, the defendant did not have the property under the name of the defendant, and the apartment house under the name of the defendant's wife was in progress of the auction procedure, and the rent for the factory was in arrears with the amount of KRW 30 million, and even if he received a loan under the name of the victim, he did not have an intention or ability to repay the loan even if he did not receive a loan under the name of the victim, such as having a debt with the amount of KRW 45

As such, the Defendant, by deceiving the victim, had the victim obtain a loan of KRW 18 million from E and F Bank on the same day, and acquired the loan of KRW 18 million from such bank account in the name of the Defendant on August 9, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Act and subordinate statutes to the witness D's copy of the bankbook statement;

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. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant borrowed KRW 20 million from the Defendant in 2016.

arrow