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(영문) 인천지방법원 2020.11.25 2020고단5630
사기
Text

[Defendant A] The defendant shall be punished by imprisonment for five months.

However, for two years from the date this judgment becomes final and conclusive, the execution of punishment shall be suspended.

Reasons

Punishment of the crime

1. Defendant A

A. On November 28, 2017, the Defendant made a false statement to the effect that “Around November 28, 2017, the Defendant would obtain a loan from the 6th floor D office of Seoul Jung-gu C building, and would allow the victim E to be exempted from a joint and several surety by having entered into a joint and several surety contract with the need for a joint and several surety, and by paying the debt within the prime page,”

However, in fact, the defendant did not have any specific property and received benefits equivalent to KRW 2.7 million per month before the towing day, and the defendant repaid the amount of KRW 600,000 per month to the Credit Counseling and Recovery Board of Korea. In short, the defendant did not have any intent or ability to repay the amount of KRW 35,00,000 borrowed as joint and several sureties within the near

On the same day, the Defendant, by deceiving the victim as above, had the victim enter into a contract that the Defendant would be a joint guarantor for the receipt of KRW 7 million loan from the F in the credit rating company, and had the victim become a joint guarantor from November 30, 2017 to November 30, 2017, as well as had the victim become a joint guarantor for the total amount of KRW 35 million in the Defendant’s five loans, and acquired property profits equivalent to KRW 35 million in the way of not repaying the loan.

B. Around January 2018, the Defendant made a false statement to the effect that “The Defendant would be exempted from a joint and several surety of the existing loan by repaying the money that the Defendant would have been provided to the Defendant on the part of the said D office” to the effect that “The Defendant would have been exempted from a joint and several surety of the existing loan by repaying the money that the Party would have been provided with a joint and several surety.”

However, even if the defendant receives money from the victim, the defendant

(a) there was no intent or ability to repay the original loan obligation in total 35 million won or to resolve the joint and several sureties of the victim;

As above, the Defendant received loans from the victim by deceiving the victim as above to receive the loans from the Defendant G bank account, with the amount of KRW 10 million on January 10, 2018, KRW 300,000 on January 11, 2018, and KRW 200,000 on January 11, 2018.

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