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(영문) 서울중앙지방법원 2017.03.15 2016고단8676

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 6, 2012, the Defendant need to be jointly and severally liable to the Defendant C to borrow money from the leased company in the vicinity of the third apartment complex in the same Dong-dong, Dongjak-gu, Seoul.

The joint and several sureties borrowed money on July 2012

5 million won shall be paid in full.

“False speech was made to the effect that it was “.”

However, at the time, the defendant was unable to pay credit card bills, and was economically difficult to pay interest on other loans, and even if the victim is jointly and severally guaranteed, he borrowed funds from the victim before the payment is made.

The victim had no intention or ability to pay 5 million won, and the victim was not able to pay 5 million won with joint and several sureties.

Ultimately, the Defendant, by deceiving the victim as such, had the victim obtain pecuniary benefits equivalent to KRW 12 million by having the victim take a joint and several guarantee necessary when the Defendant borrowed KRW 3 million from the four lending companies, including D, future C, Lone Star loan, and young children borrow KRW 4 million from the four lending companies.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of the part of the defendant in the suspect examination protocol against the defendant by the prosecution and the statement of C;

1. Part of the statement made by the police in relation C in each police statement protocol with respect to C (excluding the part of the statement made by the defendant to the effect that each joint and several guarantee contract is forged);

1. Recording recording recording and reporting;

1. Loan guarantee contract (D) and each joint and several guarantee contract ( future cream, Costa cream, infant cream and so on);

1. Investigative reports (the defendant's previous convictions and accompanying reports);

1. Application of final and conclusive certification personnel (in the case of Seoul Central District Court 2013, 7222 pages) and creditor list statutes;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. Article 62(1) of the Criminal Act provides that there is no particular criminal history except that the defendant has been punished once by a fine, and the defendant is a defendant.