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(영문) 청주지방법원 2018.01.12 2015고단2179

사기

Text

Defendants are not guilty.

Reasons

1. Defendant B was the representative director of Defendant I in the instant facts charged, and Defendant A was the J standing auditor in the Defendant A, and K as the chief director of L, the above third person was the friendship among the parties.

Defendant

B, on August 2009, when he was able to receive a loan from his parents in the name of "M" for the purpose of raising the living expenses of his parents and his attorney fees.

However, if the above M's property alone is not sufficient to secure the loan, the defendant B met with the defendant A in the Sung-dong detention center around August 2009, requested the above K to grant a loan exceeding the physical collateral value, and requested the above K to identify the joint guarantor, and the defendant A accepted it.

Accordingly, according to the above mother, Defendant A made a false statement to Defendant A, and at the P station located in Cheongju-si, the petition-gu, Cheongju-si, the end of August 2009, Defendant A made a false statement to the effect that “N would receive a house mortgage loan under the name of B and obtain a mortgage loan under the name of B, and the security is insufficient. The loan is used by K, the president of L, as the lawsuit cost, and the loan is to be settled within two months.”

However, since the above loan does not reach the actual value of the collateral, the appraisal price of the collateral could not be a loan in a normal way under the direction of the above K, and the defendant B was under detention, and the defendant B did not have any specific property but the defendant B had no intention or ability to repay the loan within two months even if the victim was a joint and several surety.

The Defendants conspired to induce the victim as above, and cause the victim to be jointly and severally liable for the loan amounting to KRW 180 million on September 3, 2009, and bear the joint and several liability for the loan amounting to KRW 180,000,000 from L.