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(영문) 인천지방법원 2018.01.18 2017고단4906

사기

Text

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

Reasons

Punishment of the crime

1. On November 20, 2016, the Defendant’s joint and several sureties called the victim C to obtain a loan to repay the principal and interest of the debt when he/she has incurred a debt while running his/her business, and changed the joint and several sureties. On March 2017, the Defendant would be able to obtain a loan under the name of the company at the time of the loan, as it is possible for the loan to be made in the name of the company up to six months after becoming a member of the company, and if he/she became aware of, he/she would also sell the apartment.

“To the effect that it was “...........”

However, at the time, the Defendant did not have any intent or ability to repay the above loan by the date of promise with the victim, on the ground that the Defendant did not have any particular property and it was difficult for the Defendant to pay the monthly interest equivalent to KRW 600,000 per month on the grounds that there was no specific property to the extent that it was insufficient for the Defendant to pay the loan interest corresponding to KRW 56,000,000 to the lending company, etc., and the Defendant did not have any intent or ability to pay the loan by the date of promise with the victim.

In addition, if the defendant's apartment house is already owned by the defendant's wife as security and the registration of the establishment of the right to collateral security was completed with the total amount of KRW 149.6 million, so there was no intention or ability to repay the above loan by selling the above apartment house.

The Defendant, by deceiving the victim and deceiving the victim as a joint guarantor on November 22, 2016, was established by the victim as such, the Defendant: (a) around 22, 2016; (b) KRW 5 million from the loan of dong-U.S.; (c) KRW 5 million from the loan of dong-U.S.; (d) KRW 500,000 from the Twitter of the No.S. E.S. C.; and (d) Elnvist from the Twitter.

In the division, a sum of KRW 18 million, including KRW 3 million, has been loaned to the victim and the victim shall be responsible for the subrogated repayment, thereby acquiring financial benefits equivalent to the same amount.

2. On December 9, 2016, the Defendant: (a) made a telephone call with the victim at an unspecified area of Incheon or lower on December 9, 2016; (b) the victim was totaled from SBI Savings Bank, etc. on the same day.