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(영문) 부산지방법원 서부지원 2018.07.24 2017고단1799

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On January 12, 2015, the Defendant: (a) requested a victim who had been aware of prior to the date to provide a loan guarantee; and (b) provided a loan to a lending company with a total of KRW 56 million as a guarantor at the 7th place of the lending company; and (c) provided a delivery of books, etc. to the government offices; (d) however, the Defendant had been able to obtain a loan under the name of the victim in a cumulative situation where the business is not well-known and only debt is accumulated.

On February 2, 2015, the Defendant would make it difficult for the Defendant to receive loans from the Plaintiff under his name and repay the loans to the Plaintiff at the office of the Busan District Office, Inc., the 6th floor of the D building in the Dong-gu, Busan.

The mother’s pre-san was 1 billion won in her mother’s name, and the mother was 40% or more in her mother’s her mother’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

In this regard, the Defendant, while running a business at the time, was liable for the 40 million won obligation. The mother did not have any prior acid equivalent to KRW 1.0 billion in her mother’s name. Even after the loan of KRW 56 million was repaid, the Defendant was unable to obtain a loan under the Defendant’s name by obtaining a loan of KRW 30 million as a guarantor and using it as a living expense, etc. on August 2015. The Defendant did not have any intent or ability to repay the loan within the agreed date even if he/she received a loan under the victim’s name due to lack of any property or profit.

Ultimately, the Defendant, by deceiving the victim as above, had the victim take out a loan of KRW 10 million from mountain and loan in the name of the victim on the 17th of the same month, KRW 20 million from the Asian Savings Bank, KRW 8 million from the friendly Savings Bank, KRW 19.9 million from the Fair Savings Bank, and KRW 57.9 million from the victim.