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(영문) 청주지방법원 2019.09.26 2019고정422
사기등
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

1. On August 1, 2018, the fraud Defendant received KRW 400,000,000,00 from the victim on the following grounds: “If the victim did not have any intent or ability to repay the money properly, he/she would operate a credit business if he/she lends the money in need of money, he/she will do so with the proceeds of the loan; and he/she received KRW 400,000 from the victim as the loan; and received KRW 1.6 million under the same name on August 3, 2018; and received KRW 1 million under the same name on August 5, 2018.

2. Around June 2018, the Defendant: (a) decided to operate a credit business with the victim B and a credit business in a cross-fash page in the Cheongju-si, Cheongju-si; and (b) the Defendant operated a business; and (c) lent money to a person who wants to borrow a loan, the Defendant recovered the loan, and then given the principal and profit to the victim.

Accordingly, the Defendant secured the applicant for the loan and demanded the applicant to send money to the lender, and the victim paid 7.4 million won over 16 times from June 2018 to August 6, 2018. The Defendant recovered 3.8 million won from the borrower from August 4, 2018 to August 6, 2018 as principal and interest for the victim who is the partner, and embezzled it for the personal purpose, even though the principal and interest should be distributed to the victim voluntarily.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Protocol of each police statement concerning B;

1. Written confirmation of the results of each electronic financial transfer;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of trade statements in the name of a suspect Cbank);

1. Article 347 (1) of the Criminal Act applicable to the crime and Article 355 (1) of the Criminal Act;

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

1. Articles 70(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;

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