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(영문) 수원지방법원 안산지원 2012.12.27 2012고정1778
사기
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 26, 2012, the Defendant entered into a loan agreement with the victim C, a corporation running by the victim C, with no intent or ability to repay the loan even if it was paid, with “3 million won of the loan, repayment shall be made within 60 months of the voluntary repayment, payment at least the amount of interest on the 25th day of each month, at the rate of 39% of the agreed interest rate, and at the rate of overdue interest rate of 39%”. On the same day, the Defendant was transferred to an enterprise bank (E) in the name of the Defendant, with the amount of KRW 193,00,000 of the interest accrued over two occasions, and the remainder was acquired by the recipient of the loan amount of KRW 3 million in the manner of default.

Summary of Evidence

1. Partial statement of the defendant;

1. The first through third police interrogation protocol against the accused;

1. The police statement concerning F;

1. A complaint filed in D;

1. Details of passbook transactions;

1. Application of Acts and subordinate statutes on details of transactions in passbooks, certificates of contents, and loan details;

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 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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