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(영문) 수원지방법원 평택지원 2017.08.31 2017고단1176
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, as the representative of C Co., Ltd. established for the purpose of the construction of electric installations, is operating electric installations.

1. On November 2014, the Defendant against the victim D, who made a false statement to the victim D, that “if he/she gives a guarantee when he/she receives a loan in order to solve material costs or other costs, he/she shall complete the ongoing construction work and the studio electrical construction work near Pyeongtaek-si F, and that he/she shall receive the construction payment within one month.”

However, at the time, the Defendant was in a considerable amount of KRW 30 million for the Defendant’s own debt, and the astronomical Corporation in progress received almost no profit and received no profit from it, and thus, it did not have the intent or ability to repay the loan even if the Defendant borrowed money from the lending company with the victim D as a joint guarantor.

Ultimately, on November 20, 2014, the Defendant obtained a loan of KRW 3 million through Daesan Loan Co., Ltd., a around November 20, 2014, and caused the victim D to obtain a total of KRW 36 million from November 21, 2014 to November 21, 2014, including having the victim D write down a joint and several guarantee.

Accordingly, the defendant, by deceiving the victim D, acquired property benefits by deceiving the victim D.

2. On December 30, 2014, the criminal defendant against the victim G made a false statement to the victim G who was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually

However, at the time, the Defendant was in a considerable amount of KRW 30 million for his own name, and the Defendant was in a state that the Defendant was not able to repay the loan obligations borrowed by having the said D pay the guarantee, and the innate Corporation received the same amount of profits from the project, and the income from the project is almost rare.

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