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(영문) 대구지방법원 2017.10.26 2017고단4071

사기등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant of "2017 Highest 4071" operated a company with the mutual appearance of "D" in Daegu Northern-gu C, and the victim E is an employee of the above company.

1. On September 14, 2015, around September 14, 2015, the Defendant committed a false statement to the effect that “A victim would obtain a loan to use it as a business fund, and will have a guarantor to obtain a loan to use it as a business fund,” and that the victim would have been aware of the lending broker, and the damage would have changed the guarantee to be absolutely safe.”

However, in fact, D operated by the Defendant was in operation of the enemy, and the Defendant was liable for the debt of KRW 195 million, including KRW 90 million, KRW 90 million, KRW 90 million, and KRW 15 million, borrowed from the Korea Credit Guarantee Fund as a security for the residence, and KRW 15 million, and there was no particular property. Therefore, when the Defendant loans the Defendant, the victim did not have any intent or ability to resolve the joint and several sureties even if he/she borrowed the Defendant’s joint and several sureties.

Around that time, the Defendant had the victim jointly and severally guaranteed a loan of KRW 5 million from the Defendant’s loan of EL Capital, KRW 10 million from the smuggling loan, KRW 10 million from the children’s loan of KRW 10 million from the KON loan, KRW 5 million from the KON Capital loan of KRW 10 million from the KON Capital, KRW 10 million from the LON loan of KRW 5 million from the LF Capital, KRW 5 million from the LF Capital loan of KRW 5 million, KRW 5 million from the LF loan of KRW 5 million, KRW 5 million from the LF Capital loan of KRW 5 million, and KRW 10 million from the ENS loan of KRW 8 million from the EF loan of KRW 8 million from the EF loan.

Accordingly, the Defendant, by deceiving the victim, had the borrower jointly and severally guaranteed the amount of KRW 80 million debt to the lending company, thereby acquiring property benefits equivalent to the same amount.

2. The Defendant, who committed a crime around October 27, 2015, tried to demand the payment of the said joint and several liability obligation from the injured party in the above factory around October 27, 2015.