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(영문) 대전지방법원 홍성지원 2019.05.29 2019고단200

사기

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 5, 2016, the Defendant committed the crime around April 5, 2016, in the Seo-gu building B and the Defendant’s residence located in Seo-gu, Seo-gu, Daejeon, and C, and the Defendant’s phone call to the victim D, who is a high school, with the credit rating far away from the credit rating. At the same time, the Defendant may receive a loan by himself/herself without a joint guarantor, with a higher credit rating when he/she repaid the existing loan of KRW 15 million. For this reason, the Defendant may immediately repay the loan of KRW 15 million. The Defendant used the instant Me and the victim using the Mea on the same day, stating that “The guarantor is different as he/she is able to do so because there is no big damage, and if he/she pays the loan of KRW 15 million, he/she shall not suffer any damage. It does not interfere with the repayment of the loan of NAN.” It appears that the reimbursement is terminated immediately after the expiration of the contract.

However, the Defendant, at the time, did not have the intent or ability to immediately repay the 15 million won debt to the FF Bank, etc., even if the Defendant was under a very difficult economic situation because of the burden of 24 million won debt and interest equivalent to 20% per annum on such debt, on the other hand, even if the Defendant was to obtain a loan with the victim as a joint guarantor due to the lack of any particular property or income.

As above, the Defendant, by deceiving the victim and causing the victim to obtain a joint guarantee of the amount of KRW 3 million from the Defendant’s loan from the K in the same day, KRW 3 million, KRW 3 million borrowed from the K in the Dispute Settlement Bank, KRW 3 million borrowed from the K in the Dispute Settlement Bank I, KRW 3 million borrowed from the K in the Dispute Resolution Bank, KRW 3 million borrowed from the K in the Dispute Resolution Bank, KRW 3 million borrowed from the K in the Dispute Resolution Bank, and KRW 15 million in the aggregate, thereby acquiring property profits equivalent to the same amount.

2. On May 16, 2016, the Defendant committed a crime on or around May 16, 2016, at the same place on or around May 16, 2016, phone call to the victim D, and “the Defendant became a joint and several surety in the fluora”, and should not be absent from the joint and several surety.