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(영문) 수원지방법원 2018.02.02 2016고단4822

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Power of crime] On June 16, 2016, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment with prison labor for larceny at the Suwon Giwon, and the said judgment became final and conclusive on June 24, 2016.

[Criminal facts]

1. On September 2014, the Defendant purchased a house by marriage to the victim D, who is a subordinate employee of the said company, at the office located in Ansan-si, Busan-si, 2014, and there is no balance due to the lack of such balance.

In order to pay a balance with a loan of KRW 20 million, there is a request for a guarantee to obtain a loan. It will eliminate the status of a guarantor three months after the date of the loan.

The phrase “ makes a false statement.”

However, at the time of fact, the defendant did not have any specific property other than the amount equivalent to KRW 39 million (the creditor: E bank, F bank, loan company, and branch). The defendant's monthly wage of KRW 2.6 million was insufficient to cope with the principal and interest of the above debt and living expenses. Even if the victim was given a loan of KRW 20 million by having the victim bear the guaranteed obligation, he did not think that the victim would pay the balance of the purchase price for the above individual debt, and he was planned to use it for the principal and interest of the above individual debt and living expenses, and there was no specific method or ability to pay the principal and interest of the above individual debt after three months as promised by the victim.

On October 23, 2014, the Defendant: (a) by deceiving the victim as above; (b) obtained a loan of KRW 20 million each of five million from G, H, I, and J on October 23, 2014; and (c) made the victim bear the joint and several liability of KRW 20 million; and (d) acquired the equivalent pecuniary benefits.

2. On November 2014, the Defendant received a request from the said injured party to immediately escape from the guaranteed obligation from the said injured party’s debt at the above C office, and the Defendant would terminate his/her joint and several surety obligation by paying the loan to him/her under his/her name on October 23, 2014. < Amended by Presidential Decree No. 25789, Oct. 23, 2014>

In addition, the degree of KRW 10 million is added to the use of living expenses, etc.