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(영문) 서울북부지방법원 2018.11.29 2018고단2942

사기

Text

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

Reasons

Punishment of the crime

[criminal records] On May 10, 2018, the Defendant was sentenced to 2 years of suspension of execution and 7 million won of fine in one year of imprisonment with labor for a violation of the Act on the Punishment of Acts, such as Arrangement, etc. of Commercial Sex Acts, at the Seoul Central District Court (hereinafter “Seoul Central District Court”), and the judgment was finalized on May 18, 2018.

[2] The Defendant needs to obtain a third party loan from the victim D, who is a new employee, at the time of his/her workplace in Yongsan-gu Seoul, Yongsan-gu, Seoul, the Defendant from November 2015 to December 2, 2015.

The loan of a lease on a deposit basis shall be paid by the bank to the lessor at the time of the expiration of the lease period, and the bank shall not be able to repay the principal of the loan due to the repayment of the loan from the lessor.

In addition, even if there is any suspicion, if the interest on the domestic loan is not paid, it shall be exempted from seizure by taking it into account the monthly wage in Korea.

Freshing and making a false statement to the effect that the joint and several sureties are “hicking.”

However, in fact, the Defendant was planning to obtain credit loans, not from the lending company, but from the lending company for private loan and living expenses. The Defendant did not have any particular property, and was performing the obligation according to the repayment plan authorized through the personal rehabilitation procedure due to the failure to fully repay the loan amounting to KRW 30 million to the lending company, and even if having received the loan with the victim as a joint guarantor, there was no intention or ability to pay the principal and interest of the loan even if it was paid with the loan.

Around December 10, 2015, the Defendant, by deceiving the victim, had the victim enter into a joint and several surety contract with E Co., Ltd. with regard to KRW 16 million of the Defendant’s loan around December 10, 2015, and had the victim enter into a joint and several surety contract with E Co., Ltd. from that time until December 11, 2015.