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(영문) 창원지방법원 통영지원 2014.08.20 2014고정193
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The defendant is a member of the company who works for a company C which is a corporation for treatment shipbuilding and ocean industry.

While the Defendant’s monthly income is merely 2.4 million won, from around 2012 to around 60 million won, the Defendant received loans from various financial institutions such as the National Bank and the credit card company, etc., and the amount of interest, etc. reaches 5 million won and maintained in the form of a refund by receiving cash services with several credit cards in a situation where it is difficult to cope with the interest, and thus, even with the loan, there was no intention or ability to repay the loan normally.

Nevertheless, on August 19, 2013, the Defendant made a false statement with the intent to make a loan of 3 million won to the victim E in the Dong-gu Seoul Special Metropolitan City's residence, Dong-gu, Seoul Special Metropolitan City, to the effect that the interest rate shall be 34 percent per annum, and the interest rate shall be 170,528 won per month for 24 months.

The Defendant, as such, by deceiving the victim as such, received three million won as a loan immediately from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Application of Acts and subordinate statutes to the records of transactions, a statement regarding the details of deposits and withdrawals by national banks, list of individual rehabilitation creditors, and written decisions on individual rehabilitation;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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