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(영문) 대구지방법원 김천지원 2014.08.19 2014고정432
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A fine of three million won shall be imposed on a defendant.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

Around January 10, 2013, the Defendant made a false statement to the victim D, within C upper point in Kimcheon-si, Kimcheon-si, that “if the Defendant has lent money to pay the credit card price, the Defendant will pay the monthly interest, and that the principal will be repaid upon receiving the fraternity around December 2013.”

However, the Defendant had been in excess of the debt amounting to 14 million won in total with credit card overdue payments and loans at the time. Since the Defendant received credit card cash services and received the said cash services, the Defendant did not have any intent or ability to repay the said money according to the agreement even if it received the money from the victim.

The Defendant received three million won from the victim as above on the same day, January 28, 2013, and KRW 3 million on April 19, 2013, and KRW 11 million on September 2, 2013, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the standard contract for loan transactions, the confirmation of details of transactions, and investigation reports;

1. Article 347 (1) of the Criminal Act, the selection of fines, inclusive, by relevant legal provisions and the choice of punishment for the crime;

1. Articles 70 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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