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(영문) 서울북부지방법원 2017.06.09 2017고정506
사기
Text

Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

The Defendant is the head of the “C” team of the lending brokerage chain.

On February 2, 2016, the Defendant extended a loan to the victim E (hereinafter referred to as "40") by telephone from Seongbuk-gu Seoul Metropolitan Government, Seongbuk-gu, and the third floor for counseling on lending, at the annual rate of 34.9% per month for the loans of 14.5% per year already used, and at the annual rate of 13 million won, maintained the average balance of at least KRW 10 million, the Defendant would provide a loan to the victim E at an annual rate of 9.9% per annum in the following month.

“A false statement was made to the effect that it was “.”

However, the defendant did not have the intention or ability to allow the victim to obtain a loan at an annual interest rate of 9.9%.

After that, on February 2, 2016, the Defendant had the victim extended the amount of KRW 37.5 million ( KRW 30 million, KRW 7.5 million, and KRW 7.9% per annum from the rbbn office located in the Korean-U.S., Daegu-gu, Daegu-gu, Daegu-gu, 2016, at KRW 34.9% per annum.

As such, the Defendant, by deceiving the victim and allowing the victim to borrow a loan, had the victim obtain pecuniary benefits equivalent to the annual interest amount of the loan.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the statement E in the protocol of interrogation of the suspect against the defendant in the prosecution;

1. Statement made by the police for E;

1. A copy of loan transaction agreement;

1. Application of Acts and subordinate statutes to a copy of a loan transaction agreement;

1. Article 347 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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