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(영문) 대전지방법원천안지원 2020.10.20 2020고단1428

사기

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall pay 64,00,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

1. A crime around October 4, 2018 and around October 5, 2018, around September 2018, the Defendant made a false statement to the victim B, stating, “A joint guarantor needs to obtain a domestic loan by telephone, and a joint guarantor. A joint guarantor will receive another loan immediately within one month after raising credit rating at the face of the guarantee.”

However, the defendant had no intention or ability to exempt the victim's joint and several liability by raising credit rating within one month, because he/she had borne a large amount of debt with the bank and the lending company around that time.

Ultimately, around October 4, 2018, the Defendant deceptioned the victim as above, and caused the victim to obtain monetary benefits equivalent to the same amount by allowing the victim to jointly and severally guarantee the Defendant’s loans of KRW 24 million, including the Defendant’s loans of KRW 6 million to C Co., Ltd. on the same day, KRW 6 million loan obligations to D Co., Ltd. on the same day, KRW 6 million loan obligations to E Co., Ltd. on the same day, and KRW 6 million on October 5, 2018.

2. Around October 11, 2018, the Defendant, on the first day of the first day of October 2018, concluded that “The Defendant would succeed to the obligation of the loan once he/she repaid the existing loan that he/she provided to the victim B with a joint and several liability if he/she borrowed a loan instead of the loan to the Defendant, and then imposed a credit rating on him/her.”

However, even if the Defendant borrowed money from the victim, the Defendant used most of the money to repay personal debt, not to repay the existing loan, and intended to use it as gambling funds in Gangwonland and Makao, etc., so there was no intention or ability to succeed to the Defendant’s debt or loan.

Ultimately, around October 11, 2018, the Defendant, by deceiving the victim as above, received a remittance of KRW 40 million from the victim to the G bank account under the name of the Defendant from the victim and acquired it by defrauded.

Summary of Evidence

1. Defendant's legal statement;

1. B.