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(영문) 의정부지방법원 2018.12.13 2017고단5915

사기등

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Imprisonment with prison labor for a crime of No. 5915 of the Highest Order 2017, which is held by the defendant, is six months, and the crime of No. 2 of the Highest Order 5915 of the Decision.

Reasons

Punishment of the crime

[criminal records] On June 29, 2016, the Defendant was sentenced to imprisonment with labor for one year and two years of suspended execution on July 7, 2016 at a common military court of the 11th Army Fire Service Association in the Army, for fraud, etc., and the judgment became final and conclusive.

On August 30, 2017, the Defendant was sentenced to six months of imprisonment for a crime such as fraud, etc., and the judgment became final and conclusive on February 13, 2018, and completed the execution of the punishment around that time.

[Criminal facts] 2017 Highest 5915

1. The criminal defendant, based on joint and several sureties, calls from the victim B, who is a military unit, in a cell phone around June 19, 2015, to the victim victim B, who is a member of a military unit, and “ female-friendly Gu needs money to be pregnant.”

On June 19, 2015, a joint and several surety is required to obtain a loan, and 4 million won was loaned from C and D Co., Ltd. and the victim became a joint and several surety.

However, in fact, the Defendant thought that he would use the above loan money in gambling, etc., and had already made a large amount of money in gambling, and all of the revenue itself was paid with interest on loan, etc., so the Defendant did not have the intent or ability to properly repay the loan even if he became a joint guarantor for his own loan.

As a result, the Defendant had the victim become a joint guarantor as above, thereby acquiring the pecuniary benefits equivalent to KRW 8 million.

2. On July 3, 2016, the Defendant, by means of a loan prior to the borrowing of the loan, would have the Victim B receive a credit card loan with E message from the victim B, and have the money borrowed at this time repaid to the account suspension.

Around that time, 400,000 won was deposited from the victim to the Defendant’s account used by him/her.

However, in fact, the defendant does not have a certain income under the circumstances where he bears financial rights and obligations to other creditors, and is therefore damaged.