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(영문) 서울중앙지방법원 2016.06.03 2016고정1033
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On January 6, 2015, the Defendant was sentenced to a suspended sentence of six months of imprisonment with prison labor at the District Court for fraud, etc. on January 14, 2015, and the said judgment became final and conclusive on January 14, 2015.

On July 9, 2014, the Defendant concluded a monetary consumption loan agreement with the person in charge of the business of the location and the amount of the loan amount of KRW 5 million per annum, KRW 34.8% per annum (2.9% per annum), and KRW 173,840 per annum, and performed as if the contract were to be performed according to the said agreement while concluding the monetary consumption loan agreement with the expiration date on July 9, 2019.

However, the Defendant did not have any property, and there was no intention or ability to comply with the terms and conditions of the contract, as it did not have any economic condition, such as having caused damage to others.

Accordingly, the Defendant, by deceiving the victim, received 5,000,000 won from the victim to the SC Japan bank account under the name of the defendant immediately from the victim, and acquired it by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Statement made by the police against C;

1. A loan agreement on gold consumption and a letter in the body of banks;

1. Previous convictions indicated in the judgment: The application of the defendant's legal statement, inquiry about criminal history, and investigation report (the confirmation report of the same type A of criminal suspect);

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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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