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(영문) 광주지방법원 순천지원 2017.05.12 2016고단2646
사기
Text

A defendant shall be punished by imprisonment for not less than nine 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

In 2015, the Defendant: (a) was liable for approximately KRW 70,000,00,000, other than in the absence of any special property; (b) was in a situation where it was difficult for the Defendant to take charge of the interest; and (c) thereby, was able to return the interest of the existing obligation by paying the interest of the existing obligation.

1. On April 1, 2015, the Defendant: (a) got aware of the fact that the victim was either divorced or divorced from the denial, and (b) became aware of the fact that he/she was unable to perform his/her debt increased by around April 1, 2015; (c) the Defendant got approaching the victim as if he/she were to return to the victim; and (d) came to borrow money from the victim; and (d) around June 1, 2015, the Defendant got approximately KRW 29 million in total, without the lapse of the due date.

When the Defendant demanded the victim to pay the above money, the Defendant’s “E Beauty Room” operated by the Defendant on June 1, 2015, which was operated by the Defendant, with net-si D, to pay the victim the money that the Defendant borrowed with the loan from the lending company, and the loan will continue to be repaid.

In that sense, because of low credit rating, the term "a joint and several surety is changed."

However, the defendant had no intention or ability to repay even if he/she received a loan through a joint and several guarantee of the victim because the defendant has a large debt as above.

Nevertheless, Defendant 1: (a) obtained a loan of KRW 6 million from a non-com collection loan company around June 3, 2015, by deceiving the victim as above; and (b) obtained a total of KRW 35 million from a loan company located in the location of 6 sites, as shown in the attached Table 1, from around that time to April of the same month; and (c) did not make any change even after receiving a loan of KRW 35 million from the loan company located in the location of 6 sites; and (d) did not bear joint and several liability to the victim.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

2. The Defendant is guilty of the victim F.

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