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(영문) 광주지방법원 순천지원 2018.12.20 2018고단758

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant committed the following crimes against the victim B.

1. On October 2016, the Defendant of the crime committed around 2016: (a) borrowed KRW 6 million on the victim’s ground that “The Defendant is required to use money, such as deposit money of KRW 5 million, to the Seoul.”

In order to obtain a loan, there is no problem of the repayment of the loan within two to four weeks per share.

“A false statement” was made.

However, even if the defendant received a loan through the victim's guarantee, the defendant thought that he would use the loan for living expenses, etc., and did not have the intention and ability to repay the loan.

Around October 21, 2016, the Defendant, by deceiving the victim as above, caused the victim to obtain a guarantee of KRW 3 million from C, KRW 3 million from D around October 25, 2016, and KRW 6 million in total, from around October 25, 2016, and acquired property benefits equivalent to the same amount by failing to repay the loan.

2. From October 2016 to November 2011, the Defendant committed the crime, immediately after committing the crime, was uneasy about giving a guarantee to the injured party, and thus, around that time, the Defendant had the lending broker E to remove the assurance of good faith.

A may obtain a loan with a loan of KRW 40 million in its own name and deposit the money to a bank account in the name of A at least two months. A may obtain a separate loan without a guarantee under his/her own name.

At that time, A may receive a loan and repay a loan of KRW 6,00,000,000,000,000,000,000,000, which was received through the guarantee of the party.

“ .......”

However, even if the defendant received the money from the injured party under the name of the injured party, he thought that he will use the money for living expenses, etc., and thus, he/she has the intention or ability to raise the credit rating of the defendant by depositing the money received in the defendant's account