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(영문) 창원지방법원 진주지원 2012.11.21 2012고단1582
사기
Text

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

Reasons

Punishment of the crime

1. Around 10:00 on August 2, 2010, the Defendant told the victim of the D apartment, a residence of the victim C in Jinju-si, Jin-si, that “A loan will be repaid immediately because he/she has the right to receive a loan, and the principal has the right to pay the loan, because he/she has the right to pay the loan.”

However, the defendant did not have the intention or ability to repay the loan immediately even if he/she received the loan with the guarantee of the victim.

The Defendant, by deceiving the victim as above, received a total of KRW 3.5 million from 3.5 million loans, respectively, for a total of KRW 7 million from the Indian Pest Co., Ltd. and the Ballast Asia Co., Ltd. on the same day, and had the victim jointly and severally guaranteed the above loans, thereby having the victim acquire property profits equivalent to the above amount.

2. At around 10:00 on March 16, 201, the Defendant told the victim C to the effect that “I will receive a loan, and will not be held liable for joint and several sureties by paying a guarantee,” at the place specified in paragraph (1).

However, the defendant did not have any intention or ability to repay existing loans and new loans even though he/she has been given loans with the guarantee of the victim.

The Defendant, by deceiving the victim as above, received a total of KRW 10 million from the loan for the establishment and use of a corporation, the reduction of the use of a loan for the establishment of a corporation, and the loan for the Esccoon on the same day, and had the victim stand a joint and several surety for the above loan, thereby having the victim obtain a pecuniary benefit equivalent to the above amount.

3. On October 29, 2010, the Defendant made a false statement to the effect that “The Defendant would, at the Jinju branch office, obtain a loan due to urgency, and, at the highest time as soon as possible, repay a loan to the victim F, who is an employee of the same company.”

However, the defendant did not have the intention or ability to repay the loan even if he/she has obtained the loan as a joint and several surety of the victim.

After all, the defendant deceivings the victim as above.

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