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(영문) 서울서부지방법원 2016.03.23 2015고단2935

사기

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 5, 2013, the Defendant made a false statement to the victim E, stating that “The Defendant will identify the joint and several surety and arrange for the victim E at a D office where the Defendant is working in Seocho-gu Seoul Metropolitan Government.”

However, the defendant was planning to obtain a new loan to repay the debts equivalent to approximately KRW 30 million, and there was no special property, and the defendant was only able to pay the interest with the income of the defendant, and there was no ability to repay the principal.

Nevertheless, the Defendant, on September 5, 2013, shall set aside a LL LBS LAD.

A loan of KRW 10 million in father, F to KRW 4 million in money, KRW 10 million in money, and KRW 10 million in Hinging, and KRW 10 million in Hing, the victim had the victim stand a joint and several surety for each of the above loans.

Accordingly, the Defendant, by deceiving the victim as above, had the victim stand a joint and several surety for the total amount of 34 million won of the debt, thereby acquiring pecuniary benefits equivalent to the amount of money.

2. On October 23, 2013, the Defendant was missing from part of a joint and several surety for the credit loan to the above victim at the above location.

A false statement was made as follows: “The loan was received and changed to the extent that it would cause damage to the width test.”

However, the facts did not have the intention or ability to repay even if they receive money from the injured party.

As above, the Defendant: (a) deceiving the victim; (b) had the victim obtain a loan of KRW 4 million from the Sila Savings Bank; (c) KRW 4 million from G; (d) 4 million from the loan to the Sila Savings Bank; and (c) obtained a loan of KRW 15 million from the Laaaacom Loan; and (d) obtained a loan of KRW 15 million from the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Part concerning E-examination of the suspect in the second police interrogation protocol against the defendant

1. Statement made by the police for E;

1. Contracts for joint and several sureties;