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(영문) 창원지방법원 2016.10.18 2014고단3252 (1)

사기등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Criminal facts

1. The criminal defendant is a person who has been operating the Energy-Related Business Chain (State)C, and D is a person who has been operating a gas station.

The defendant and D attempted to acquire the borrowed money by deceiving the victim G as if the F who works as an agent in a national bank is joint and several surety without the consent of D F.

On August 21, 2012, the Defendant and D stated, at the I certified judicial scrivener office located in J in J in J in J in J in J in J, that “A corporation is being re-established while operating the E-L station in the Tong Decree. When a corporation is established, the Defendant may have the E-L station spons oil. If necessary funds are lent 100 million won, the Defendant and D will provide a collateral and put up a joint and several surety, such as F.”

However, the Defendant and D, like Paragraph 2, had the Defendant conduct the Defendant’s wife as F, signed the column of joint and several sureties, and did not have obtained F’s consent to the joint and several sureties, and there was no fact in the process of establishing a oil refining company. Therefore, even if the Defendant and D received the said money from the victim, they did not have the intent or ability to repay the said money.

Nevertheless, the defendant and D received 98 million won from the victim to the K account (L) around 13:48 on the same day.

2. In order to borrow money from G as stated in Paragraph 1, the Defendant and D conspired to forge the certificate of borrowed money as if F is a joint and several surety for the obligation of borrowed money.

On August 21, 2012, the Defendant added F’s name and resident registration number to the J, and stated the name and personal information in the column of joint and several sureties as F,” and D met G in the trade name in French page, which is in the o’clock on the same day as J and in the o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s o’s f.