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(영문) 서울중앙지방법원 2015.12.03 2015고단4306
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On January 15, 2015, the Defendant was sentenced to six months of imprisonment for a crime of fraud at the Sungnam Branch of Suwon District Court on April 27, 2015, and the said judgment became final and conclusive.

【Criminal Facts】

Although the Defendant was operating the Lighting Organization Manufacturing Business Co., Ltd., the sales was rapidly reduced after around 2012, and was in de facto deficit. The Defendant had no specific property other than the apartment that is equivalent to KRW 280,000,000,000 in the market price of the Defendant’s residence. On the other hand, the Defendant was liable for excessive debts equivalent to KRW 100,000,000,00 in addition to the loan of KRW 250,000,000,000, which was secured by the above apartment, and even if he borrowed new money from the victim D with his joint and several liability, the Defendant did not have any intent or ability to pay for himself or to terminate the victim’s joint and several liability within a short period, and there was no credit condition to change the existing high interest

Nevertheless, the Defendant, around September 2, 2013, at the “F” restaurant where the victim works in Jongno-gu Seoul Metropolitan Government E, obtained a high interest rate of KRW 70 million from the victim, and shall obtain a loan from the victim at a low interest rate of KRW 1,00,000,000. The Defendant shall also obtain a joint and several guarantee. The guarantee period is three days, and 30,000,000,000,000 won from the victim’s loan, 10,000,000,000 won from the victim’s loan, 1,00,000,000,000,000 won from the victim’s loan, and 1,00,000,000,000 won from the victim’s loan, 1,000,000,000 won from the victim’s loan, 1,000,0000,000 won from the victim’s loan.

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