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(영문) 부산지방법원 2015.07.02 2015고단2218

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant became aware of the victim E and the company fees in Busan Gangseo-gu, Inc. D.

1. Around June 18, 2012, the fraud Defendant stated that “Around June 18, 2012, the victim in the foregoing D production plant “I wish to obtain a loan to an obligor with the need of money of KRW 20 million, and there is only a joint and several surety, and if the Defendant becomes a joint and several surety, the loan will be repaid with the knowledge of the internal payment and the width of the loan will not have any absolute damage.”

However, at that time, the Defendant had the obligation to pay approximately KRW 65 million to the Substitute Savings Bank, the Korea C&T Bank, the Credit Guarantee Foundation, the Industrial Credit Guarantee Foundation, and the Defendant’s wife F, which had been owned by the Defendant, had no property value since the right to collateral security equivalent to KRW 95 million of the maximum debt amount was established, and the amount of monthly wage of KRW 2.7 million received from the company is difficult to repay the interest on the above loan, etc., and even if the Defendant received additional loans as a joint guarantor, he did not have the intent or ability to fully repay the principal and interest of the loan.

As above, the Defendant: (a) borrowed KRW 61 million from eight lending companies from around November 14, 2012, such as the list of crimes in the attached Table, and (b) borrowed KRW 61 million from eight lending companies; and (c) had the victims bear the joint and several liability and acquired the pecuniary profits equivalent to that amount.

2. Around February 4, 2013, the Defendant was phoneed that, if part of the loans are repaid from the foregoing D production plant or loan brokerage business entity, the Defendant may convert into a low interest loan, and notified the victim of such circumstance and transferred the fact to the Busan Bank account in the name of the Defendant for the repayment of the loans the victim is a joint and several surety.