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(영문) 울산지방법원 2017.01.11 2016고단4027

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On September 10, 2015, the Defendant made a false statement to the victim D at the C office located in the Sungsung-gun, Namsung-gun, a prior to August 2015, stating that “Around August 10, 2015, the Defendant becomes a joint and several guarantor who intends to obtain a loan due to the need for corporate operation funds.”

However, Defendant not only intended to obtain a loan as above and to use it for repayment of the existing loan, but also the existing loan debt amounting to approximately KRW 150 million at the time, and Defendant did not have the intent or ability to repay the loan even if it received the loan as above, since the business entity operated by Defendant did not receive the loan from July 2015.

Nevertheless, the defendant deceivings the victim as above and caused the victim to do so, and on September 10, 2015, the defendant borrowed KRW 103,000,000 from a total of 10 loan companies on the same day, such as receiving a loan of KRW 7 million from the future loan of the bank for the settlement of disputes around September 10, 2015.

Accordingly, the defendant, by deceiving the victim, obtained pecuniary benefits equivalent to the above loans.

2. On November 26, 2015, the Defendant made a false statement to the said victim on a place where it is not possible to know a place for police officers in the middle of November 2015, 2015, stating that “If the Defendant would obtain a loan under the name of aner and send the loan to B, he/she would have the Defendant go out of the joint and several sureties by means of discharging the obligation of the loan (loans as stated in paragraph (1)) by adding the money out of the loan.”

However, the Defendant not only intended to use the loan for personal purposes, such as the payment of interest, but also did not have any intent or ability to repay the loan.

Nevertheless, the Defendant: (a) by deceiving the victim and deceiving the victim; and (b) transferred KRW 53 million to the Defendant’s corporate bank account (E) around November 26, 2015 from HK Savings Bank, etc. on November 25, 2015.

Accordingly, the defendant acquired property by deceiving the victim.