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(영문) 청주지방법원 2015.11.19 2015고단85

사기

Text

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

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The defendant became aware of the victim C, who is a volunteer, while working as a staff member of the Korea Camp Stambter Co., Ltd. in the 86th century, the petition-gu Oral Culture Industry.

The defendant has reached KRW 120,000,000 and monthly interest rate is KRW 3 million, and the defendant's monthly income alone is difficult to pay interest, and thus, he borrowed money from the victim or received the loan from the victim on the ground of the victim as the guarantor to pay his liability and interest to others.

On March 2010, the Defendant made a false statement to the victim C at the above Korea Camp Stacker Co., Ltd., Ltd., stating, “I want to get a loan because the house is flicker’s clothes from the home flicker’s home flicker’s home flicker’s home flicker’s home flicker’s home flicker’s home flicker, and the Defendant

However, in fact, the victim's wife did not operate clothes, and the defendant did not have the intent or ability to repay the borrowed money because it was difficult to meet interest on the existing obligation as above, so the victim, the guarantor, was in the situation where he/she should subrogated to pay the above loan.

On March 31, 2010, the Defendant took out a loan of KRW 15 million from the future Cret Co., Ltd., and then, he/she has the victim assume the obligation as a guarantor. On December 9, 2010, the Defendant acquired property profits equivalent to the amount of the loan by having the above lending company make a substitute payment of KRW 14,781,141 on December 9, 2010, and then acquired property profits by allowing the payment of KRW 21,360,618 on three occasions from around that time to November 16, 2010, and acquired property profits by taking over KRW 34,00,000 on two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. A joint and several guarantee contract, each receipt, a loan transaction contract (for joint and several guarantors), a detailed statement of transaction, a loan deposit certificate, and a certificate of loan repayment;