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(영문) 수원지방법원 2016.03.31 2015고단6307

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. The Defendant, at the time of around October 2014, committed a joint and several liability fraud, with a debt exceeding KRW 90 million for the lending company, but the Defendant did not have the ability to repay the debt, with the victim C as a joint and several surety for the lending company, with the victim C as a subsequent guarantor to receive a loan from the lending company.

On October 20, 2014, the Defendant stated to the victim that “The Defendant would repay the above loans within a time limit, as the Defendant owned a house in Korea and received retirement allowances at the time of retirement,” on the part of the victim at a location not known to the public around October 20, 2014, on the face of the joint and several surety under a four-way loan agreement that requires money to be invested in another company in Korea.”

However, even if there was no particular property, the Defendant had already been liable to the lending company for the total amount of 90 million won or more at the time, and there was no retirement allowance to be paid to the lending company, and it was thought that the amount borrowed from the lending company was used for the repayment of the existing loan obligations or illegal gambling, so there was no intention or ability to repay the loan.

The Defendant, as such, by deceiving the victim, and allowing the victim to jointly and severally guarantee the Defendant’s obligation to lend a loan to the Plaintiff for the Plaintiff’s loan at the same place on the same day, from July 24, 2015 to July 24, 2015, by deceiving the victim on a total of six occasions, as shown in the list of crimes attached hereto, and allowing the victim to jointly and severally guarantee the Defendant’s obligation to pay the Defendant’s loan amount of KRW 28,807,707 on October 28, 2015, the Defendant exempted the Defendant from the obligation to pay the debt, thereby obtaining pecuniary benefits equivalent to the same amount.

2. Fraud of a loan;

A. On August 19, 2015, the Defendant: (a) stated that “The Defendant would repay the paid-in money to the Defendant within the number of days of lending the money to the Defendant at a place that is not known to him/her around August 19, 2015.”

However, the defendant did not have the intention or ability to repay the victim even if he borrowed money.