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Defendant shall be punished by a fine of 6,500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On December 22, 2014, at a place where it is impossible to identify a place not exceeding Chuncheon, the Defendant would have to pay the victim C with the money borrowed from the lending company for the purpose of fraud.
The name of the lending debtor will be changed to the defendant three months after the loan was made in the name of the victim.
“Falsely speaking to the effect that it is “......”
However, around that time, the Defendant had a debt amounting to about KRW 20 million in large companies, etc., and disbursed KRW 1.2 million as the principal and interest for each month. On the other hand, the Defendant was a restaurant employee every month, and even if he borrowed money in the name of the victim, he did not have the intent or ability to repay the above debt even if he borrowed money in the name of the victim. However, on August 2014, the Defendant did not intend to purchase the house only to repay the above debt. In order to change the name of the lender to the Defendant after three months, the Defendant was well aware that it should not be required to obtain any other loan in the name of the Defendant or to inquire about credit in order to obtain a loan. However, in order to solve the above debt, the Defendant did not have the ability to change the name of the lender to the Defendant after three months.
The Defendant had the victim obtain a loan from the land of Solar Savings Bank, etc., and received a loan of KRW 16.2 million on December 22, 2014 from the Defendant’s agricultural bank account under the name of the Defendant.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police against C;
1. Verification of transaction details, and application of Acts and subordinate statutes on a copy of passbook;
1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.