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(영문) 대구지방법원 2016.09.07 2016고정1617
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 a person who works in a production-based company located in Yongsan-gu, Daegu-gu, Daegu-gu.

On April 11, 2016, the Defendant was granted a loan of 5 million won from the victim company by making a phone call of 55-20 in Yeongdeungpo-gu Seoul Metropolitan Government, the head office of the victim company, a 3rd party, to the credit loan of 55-20,000 won and making a false credit loan of 110,000 won per month if it is necessary to use a living fund, and repayment is made for 60 months.

However, even if the defendant received the above loan, the defendant did not have the intention or ability to repay the loan.

After all, the defendant obtained a loan from the victim company, and then acquired the above money without paying only one million won.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A complaint;

1. Application of the remittance certificate, loan transaction contract, confirmation document, specification of transactions, and Acts and subordinate statutes governing the fixed amount of individual rehabilitation claims;

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

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