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(영문) 서울중앙지방법원 2016.09.27 2016고단5259

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 becomes final and conclusive.

Reasons

Punishment of the crime

On July 2015, the Defendant: (a) from around 2013 to a person working as a company member, made an investment in stocks with the money borrowed from a financial institution, etc.; and (b) was unable to pay interest of KRW 800,000,000 or more per month, and (c) was willing to borrow money from the victim D who was aware of in the workplace and was in an friendship relationship.

1. The Defendant around July 2015, at a “F” restaurant near Guro-gu Seoul, Guro-gu, Seoul, there is a lack of money for the victim D to dispose of the house in which he was living and to have a director at a greater level to coincide with the wife.

On December 31, 2015, the joint and several sureties will not be damaged.

“.....”

However, there was no plan for director, and since the money borrowed from the lending company with the victim's joint guarantee was planned to use as interest payment for other borrowed money, there was no intention or ability to repay the loan.

Defendant D, as above, shall have the Defendant enter into a dispute settlement agreement on August 5, 2015.

Ministry of Justice 15 million won, KONV loan of KRW 15 million, KRW 15 million, KRW 15 million, KRW 15 million from large loan of Korea, and KRW 15 million on August 7, 2015 (State) Haeln Hax.

In the division, a total of KRW 60 million, including KRW 15 million, was loaned by the division, and a joint and several surety was made and the loan was not repaid.

2. On August 2015, 2015, the Defendant sold this house to the victim D at the Gangnam-gu Seoul 1’s coffee shop, Gangnam-gu, Seoul, where the mother’s house price exceeds KRW 600 million.

It is necessary to pay all of the credit card payments, i.e., hospital expenses, and n.e., to lend money to n.e., to n.e., to pay up to December 31, 2015.

“.....”

However, at the time, the Defendant was 30 million won in debt amount, and 600,000 won or more in monthly interest, and the mother's house was already owned by 120,000 won.