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(영문) 서울서부지방법원 2017.06.02 2016고단2441

사기

Text

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

Reasons

Punishment of the crime

1. On December 30, 2015, at the main point of “D” operated by the Defendant located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government, the Defendant made a false statement on the victim E’s telephone, stating that “The Defendant requested the Defendant to pay even some of KRW 34 million in the settlement amount of the East Business that the mother should pay the hospital expenses rapidly,” and that “the Defendant would have received a loan from the lending companies in his/her own name and changed the amount of KRW 16 million to four times.”

However, as the Defendant planned to use the loan from the lending companies for other purposes such as the repayment of interest on bonds, the Defendant did not have the intent or ability to pay the amount of 16 million won to the victim even if the Defendant guaranteed the Defendant’s loan obligation.

As above, the defendant deceiving the victim and caused the victim to do so on the same day, he acquired the same amount of property interest by having the victim jointly and severally guarantee the defendant's debt of 16 million won in total, including the defendant's future loan of e-mail, 4 million won loan of e-mail loan of e-mail loan of e-mail, 4 million won loan of e-mail loan of e-mail corporation, 4 million won loan of e-mail loan of corporation, and 4 million won loan of safe loan of corporation, etc.

2. On January 19, 2016, at the main point of “D” operated by the Defendant located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government, whether the Defendant “D” was a joint and several surety from the victim E by telephone, but did not receive any money.

her mother listens to the word “a request to repay money to the hospital expenses” and her mother’s loan granted to the victim a joint and several surety on December 29, 2015 is revoked, and instead, she intends to loan to the business operator in the name of the business operator in the name of the victim.

In order to obtain a loan from a business operator, the existing obligations should be adjusted, and first, if the loan company receives a loan of KRW 30 million from the lender in the name of the lender and lends the loan to B, it shall be KRW 15 million among them.