"2019 Highest 2450"

1. Fraud against the victim B;

A. On November 24, 2015, the Defendant made a false statement to the victim B that “A” restaurant in Yong-gu, Busan Metropolitan City (hereinafter referred to as the “D”) and that “A victim B shall borrow money to repay the work loan, as the Defendant is unable to obtain a loan due to the bad credit holder due to misappropriation of his/her identification card, so he/she is unable to obtain a loan.” The Defendant shall pay the principal amount of each month, KRW 500,000, interest KRW 130,000, and if the principal and interest are unable to be paid, he/she shall pay the money after deducting the entire loan even if he/she is unable to pay the principal and interest.”

However, the suspect was in bad credit standing because he was unable to repay his debts worth KRW 50,000,000 at the time, and only interest on the debt was required to be paid KRW 1,00,000 per month. Since the deposit for lease of a house residing by the defendant was paid from the Housing Corporation, there was no separate deposit for lease to be refunded by the defendant, and even if he borrowed money from the victim due to the fact that monthly income was not fixed, there was no intention or ability to repay it.

The Defendant, by deceiving the victim as above, received KRW 14,50,000 ( KRW 8,800,000,000) from the victim under the name of the Defendant from the E bank account (Account Number:F) in the name of the Defendant, and acquired KRW 4,20,000 from the victim to the G bank account (Account Number H) in the name of the Defendant. On November 27, 2015, the Defendant took over KRW 14,50,000 in total, such as receiving KRW 1,20,000 from the E bank account (Account Number:F) in the name of the Defendant. < Amended by Act No. 13583, Nov. 27, 2015.

B. On January 6, 2016, the Defendant, at the Defendant’s home located in the Busan Young-gu Icheon-gu International Housing J, intends to obtain a loan to raise the living cost, and the Defendant does not have to do so under the name of the victim. Therefore, the Defendant would not have any problem with the lender by receiving a loan under the name of the joint and several sureties and repaying the loan well after receiving a loan under the name of the Plaintiff’s home.

The situation is that it is difficult to repay the loan.